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Human rights
education resources
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Level:
Human rights
education resources
for teachers
Time needed: 110 lessons (can be used as a complete unit of study or separately as required
refer to individual activities)
Introduction
In 1997, the Human Rights and Equal Opportunity Commission (now the Australian Human Rights
Commission) released its report Bringing them home: National Inquiry into the Separation of Aboriginal
and Torres Strait Islander Children from Their Families. Following this, the Commission received
extensive requests from teachers for information about the report.
The resources on this site have been developed in response to this request. There are a variety of
worksheets that can be used in either the classroom or in the community.
Warning: These materials may contain images of deceased Aboriginal and Torres Strait Islander
persons.
Aim
The teaching activities are intended to help students gain a comprehensive knowledge and
understanding of the issues surrounding the forcible removal of Indigenous people in Australian history.
The aim of each activity is detailed in the teaching and learning strategies.
Activities can be photocopied for class use and used individually or as an entire resource.
Learning outcomes
Students will develop:
an understanding of the history of the forcible separation of Aboriginal and Torres Strait Islander
children from their families, and associated historical and social justice issues
literacy skills, including critical literacy and comprehension skills, through reading and responding
to a variety of texts, both orally and through writing
research and fact-sourcing skills (particularly in the area of history and social studies), and an
ability to think creatively and to communicate information to people
decision making skills, within an individual, group and class context
skills in describing, reflecting, interpreting, analysing, evaluating and higher order thinking
an understanding of the value of personal, oral and local histories and their importance to social/
community history
an understanding of issues relating to Indigenous social justice
an understanding of the value of community action and ways of responding to social justice/
human rights issues at a local level.
Activities/resources
Activities that explain the issue of forced removal of children:
1.
2.
Personal stories
Resource sheet
Comparison activity sheet
3.
4.
5.
6.
7.
Using sources
Quotes resource sheet
Statistics activity sheet
Media release resource sheet
Local history project activity sheet
8.
9.
Teaching strategies
Teaching strategies
Note: It is highly recommended that teachers consider the sensitivities around teaching
controversial issues prior to distributing materials. Discussion around topics such as
forced removals continues to generate a high level of emotion in many communities.
These activities provide a general introduction to the laws, policies and practices in place in Australia
that authorised Indigenous children to be separated from their families. The personal testimonies of the
people who gave evidence to the Inquiry are placed in the broader social context.
1. Provide students with the Information log activity. Students begin by brainstorming and listing
in the before section, everything they know about the National Inquiry and the separation of
Aboriginal and Torres Strait Islander children from their families. This step can be done individually,
with partners, in small groups or the whole class can participate together. Students should be
encouraged to share and debate this information as a group before moving to the next step.
** Teachers may wish to provide students with a copy of the glossary at this point.
2. Provide students with the About the Inquiry resource sheet. While they are reading, ask students to
write brief notes on the new information they find in the key points column of their information log.
This can be done individually, with partners, or in small groups, depending on classroom dynamics
and objectives.
3. Using their summaries, students are then asked to write three questions, either to quiz other
readers or to use for later study.
The completed worksheet can be submitted as an assignment in itself or kept in student notebooks as
a study aid.
2. Personal stories
Aim
To introduce students to the history of separation of Aboriginal and Torres Strait Islander children from
their families through storytelling. One key theme here is the function of oral history and how personal
histories can inform social histories.
The comparison activity uses storytelling to help students develop an understanding of the differences
and similarities of the experiences of Indigenous children who were separated from their families.
Resources
Us Taken-Away Kids experiences and artwork from the Indigenous Community available at
www.humanrights.gov.au/about/publications/index.html
Personal stories resource sheet
Personal stories comparison activity
Also required: butchers paper or cardboard for group activity
Part A: Comparisons chart
1. Students read two (or more) of the personal stories from the resource sheet. The personal stories
included in the activity are sourced from evidence submitted to the National Inquiry into the
Separation of Aboriginal and Torres Strait Islander Children from Their Families. Further stories have
been collated in the magazine Us TakenAway Kids available online at
www.humanrights.gov.au/bth/taken/index.html or by ordering the publications at:
www.humanrights.gov.au/about/publications/index.html
2. After reading the personal stories, students work through the Personal stories comparison activity.
Part B: Group discussion
After completing the comparison chart, students form groups (of four/five) to discuss the stories they
have read as part of the comparison exercise.
1. Provide students with a sheet of cardboard or butchers paper to work on. Ask them to divide this
sheet into four sections with the following headings: similarities, differences, common experiences,
and long-term effects.
2. After completing the four sections similarities, differences, common experiences, and long-term
effects, ask students to identify one key point from each of the four sections. These main points will
be used to guide the classroom discussion to follow.
Part C: Reflection
It is useful here to consolidate what the students have learned from the stories through classroom
discussion. Questions are included on the activity sheet to help discussion.
explanations and comments by Mick Dodson (former Aboriginal Social Justice Commissioner)
and Sir Ronald Wilson (former President of the Commission) who were Hearing Commissioners
for the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from
Their Families
songs from artists such as Archie Roach.
Resources
Bringing them home DVD activity sheet
Bringing them home DVD activity suggested answers
Bringing them home DVD available by ordering through publications at:
www.humanrights.gov.au/publications/
Part A Watching the DVD
Provide students with the Bringing them home DVD activity sheet to assist them to make notes while
they watch the DVD. The DVD runs for 32 minutes. It is recommended that the DVD be stopped midway for discussion.
Part B Group discussion
Bring students together to form mixed ability groups for a discussion focused on the newsreels which
appear in the Bringing them home DVD. Questions for discussion are included in the worksheet.
Assign each group with one of the questions in the worksheet and ask them to report back to the class
on their conclusions.
Part C Personal perspectives
Students should consolidate their impressions from the group discussions (and DVD notes) before
writing a personal statement of their own, expressing individual perspectives on the issues presented in
the Bringing them home DVD.
1. Students complete The effects across generations three level guide. Teachers should emphasise
the importance of being able to justify the responses made to each of the statements.
2. When students have completed their responses, they should discuss their responses to the
statements in groups. Encourage each group to come to an agreement based on references to the
text not a compromise, but a consensus.
3. After 60 seconds tell them to switch and change roles. Partner B cannot repeat anything said by A.
4. When partner B has spoken for 60 seconds, partners switch again. Now partner A has 40 seconds
to continue the review. Stipulate that nothing stated already can be repeated.
11
7. Using sources
Aim
To help students develop their ability to critically review primary sources of information related to the
inquiry.
Resources
Quotes activity sheet
Statistics activity sheet
Media release activity sheet
Local history project
Additional resources required: access to the internet, school or local library and other resource
materials.
Part A
Each of the quotes, statistics and media releases activities has questions at the bottom of the page.
These can be used as homework, as additional activities for fast finishing students, or as stand-alone
class activities.
Part B
The local history project gives students a chance to do some research and investigate the Indigenous
history of their area. The activity places analysis of the effects of separation of Indigenous children from
their families in a local context.
Teachers should investigate the resources available in the local area before assigning this
activity to ensure that students are able to complete the research in an effective and
culturally sensitive manner.
1. Getting started
Students are required to select an area of interest and a topic for their research. At this stage, teachers
should assist students in clarifying basic information about the Indigenous communities in the local
area and fine-tuning their research topic or question.
2. Beginning the research
At this stage, students start to identify resources and information that will be useful for their research. A
selection of contact details and references has been included in the Local History Project worksheet as
starting points. Teachers should assist students to identify the best approach, taking into consideration
the types of resources available in the local area.
3. Organising information
At this stage, students use the table included on the worksheet to organise the information they have
discovered. The table contains a series of questions that will help students to categorise their notes
and begin to plan the presentation of their research.
4. Presenting your research
At this final stage, students present their research to the class. Teachers may wish to set particular
parameters for these presentations, e.g. each student must present an oral presentation to the class or
present a written report on their discoveries.
12
13
Resources
Responses from governments, churches and community available at:
www.humanrights.gov.au/social_justice/bth_report/index.html
Responses to the Inquiry activity sheet
Australian Government Responses to the Bringing them home Report Speech
Additional resources: art supplies and/or access to graphic design software/computers for poster
design activity sheet
1. Group discussion
Students will need to do some reading or research before they list/discuss the events/actions people
have undertaken in response to the Bringing them home report. A list is included on the activity
sheet; however where appropriate teachers may wish to focus on some of events/actions taken at a
local level. Local Indigenous organisations may be a useful source of information here. The speech
Australian Government Responses to the Bringing them home Report provided is helpful pre-reading.
Students discuss the community responses and add three other things people in the community could
do to help the children who were forcibly removed from their families and communities.
2. Class discussion
Discuss some of the things that governments/churches/police have done in response to the reports
recommendations. A list is included on the activity sheet.
During the discussion encourage students to:
identify where the responses came from
identity who was involved in the programs that have been implemented
reflect on how effective the responses have been.
Ask students to add six other things that governments/churches/police could do to help achieve
reconciliation between Indigenous and non-Indigenous Australians.
3. Creating posters
Students work together to identify a message and audience for raising awareness and create a poster/
advertisement promoting their campaign.
Students could imagine that they are part of a group that wants to take some action to raise
community awareness about some of the recommendations that has not been responded to, for
example; paying compensation to those who were forcibly removed from their families.
15
Resource sheet
1.
c) What factors were important to consider when thinking about compensation for people who
had been removed?
d) Whether the (then) current laws and policies around removal needed to be changed.
The Inquiry was careful not to be seen to be raking over the past for its own sake. It was careful to
evaluate past actions in light of the legal values that prevailed at the time rather than through the lens of
current views. The Inquiry submitted its report to the federal Parliament in April 1997.
17
18
1.
Before
List everything you know about the removal of Aboriginal and Torres Strait Islander children from their
families throughout Australia.
Associated words/ films/ books/ images/ people:
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
Use the table below as a study guide for your research on this topic. Note down all the information you
find out through your studies. Start by reading the About the Inquiry resource sheet.
Resource
(name/ publishing
details)
Date
(of reading/
viewing)
Key points
(that I learned)
Questions
(needing more research)
19
Resource sheet
2.
Personal stories
The following stories were received as submissions to the National Inquiry into the Separation of
Aboriginal and Torres Strait Islander Children from Their Families. For additional stories see:
www.humanrights.gov.au/social_justice/bth_report/about/personal_stories.html
Paul
For 18 years the State of Victoria referred to me as State Ward No 54321.
I was born in May 1964. My Mother and I lived together within an inner suburb of Melbourne. At the
age of five and a half months, both my Mother and I became ill. My Mother took me to the Royal
Childrens Hospital, where I was admitted.
Upon my recovery, the Social Welfare Department of the Royal Childrens Hospital persuaded my
Mother to board me into St Gabriels Babies Home in Balwyn ... just until Mum regained her health. If
only Mum couldve known the secret, deceitful agenda of the State welfare system that was about to
be put into motion 18 years of forced separation between a loving mother and her son.
Early in 1965, I was made a ward of the State. The reason given by the State was that, Mother is
unable to provide adequate care for her son.
In February 1967, the County Court of Victoria dispensed with my Mothers consent to adoption.
This decision, made under section 67(d) of the Child Welfare Act 1958, was purportedly based on an
inability to locate mother. Only paltry attempts had been made to locate her. For example, no attempt
was made to find her address through the Aboriginal Welfare Board.
I was immediately transferred to Blackburn South Cottages to be assessed for suitable adoptive
placement. When my Mother came for one of her visits, she found an empty cot. With the stroke of a
pen, my Mothers Heart and Spirit had been shattered. Later, she was to describe this to me as one of
the darkest days of her life.
Repeated requests about my whereabouts were rejected. All her cries for help fell on deaf ears by a
Government who had stolen her son, and who had decided they knew what was best for this socalled part-Aboriginal boy.
In October 1967 I was placed with a family for adoption. This placement was a dismal failure, lasting
only 7 months. This family rejected me, and requested my removal, claiming in their words that I was
unresponsive, dull, and that my so-called deficiencies were unacceptable. In the Medical Officers
report on my file there is a comment that Mrs A compared him unfavourably with her friends children
and finds his deficiencies an embarrassment, eg at coffee parties.
Upon removal, I was placed at the Gables Orphanage in Kew, where I was institutionalised for a
further two years. Within this two years, I can clearly remember being withdrawn and frightened, and
remember not talking to anyone for days on end.
I clearly remember being put in line-ups every fortnight, where prospective foster parents would view
all the children. I was always left behind. I remember people coming to the Gables, and taking me to
their homes on weekends, but I would always be brought back. Apparently I wasnt quite the child they
were looking for.
My dark complexion was a problem.
The Gables knew my dark complexion was a problem, constantly trying to reassure prospective foster
parents that I could be taken as Southern European in origin.
In January 1970, I was again placed with a foster family, where I remained until I was 17. This family
had four natural sons of their own. I was the only fostered child.
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During this placement, I was acutely aware of my colour, and I knew I was different from the other
members of their family. At no stage was I ever told of my Aboriginality, or my natural mother or father.
When Id say to my foster family, why am I a different colour?, they would laugh at me, and would tell
me to drink plenty of milk, and then you will look more like us. The other sons would call me names
such as their little Abo, and tease me. At the time, I didnt know what this meant, but it did really hurt,
and Id run into the bedroom crying. They would threaten to hurt me it I told anyone they said these
things.
My foster family made me attend the same primary and secondary school that their other children had
all previously attended. Because of this, I was ridiculed and made fun of, by students and teachers.
Everyone knew that I was different from the other family members, and that I couldnt be their real
brother, even though Id been given the same surname as them. Often I would run out of class crying,
and would hide in the school grounds.
The foster family would punish me severely for the slightest thing they regarded as unacceptable or
unchristian-like behaviour, even if I didnt eat my dinner or tea. Sometimes I would be locked in my
room for hours. Countless times the foster father would rain blows upon me with his favourite leather
strap. He would continue until I wept uncontrollably, pleading for him to stop.
My Mother never gave up trying to locate me.
Throughout all these years from 5 and a half months old to 18 years of age, my Mother never gave
up trying to locate me.
She wrote many letters to the State Welfare Authorities, pleading with them to give her son back.
Birthday and Christmas cards were sent care of the Welfare Department. All these letters were shelved.
The State Welfare Department treated my Mother like dirt, and with utter contempt, as if she never
existed. The Department rejected and scoffed at all my Mothers cries and pleas for help. They inflicted
a terrible pain of Separation, Anguish and Grief upon a mother who only ever wanted her son back.
In May 1982, I was requested to attend at the Sunshine Welfare Offices, where they formerly
discharged me from State wardship. It took the Senior Welfare Officer a mere twenty minutes to come
clean, and tell me everything that my heart had always wanted to know. He conveyed to me in a
matter-of-fact way that I was of Aboriginal descent, that I had a Natural mother, father, three brothers
and a sister, who were alive.
He explained that his Departments position was only to protect me and, that is why you were not told
these things before. He placed in front of me 368 pages of my file, together with letters, photos and
birthday cards. He informed me that my surname would change back to my Mothers maiden name of
Angus.
The welfare officer scribbled on a piece of paper my Mothers current address in case, in his words, Id
ever want to meet her. I cried tears of Relief, Guilt and Anger. The official conclusion, on the very last
page of my file, reads:
Paul is a very intelligent, likeable boy, who has made remarkable progress, given the unfortunate
treatment of his Mother by the department during his childhood.
Confidential submission 133, Victoria. When Paul located his mother at the age of 18 she
was working in a hostel for Aboriginal children with 20 children under her care. She died
six years later at the age of 45.
Pauls story appears on page 68 of Bringing them home.
21
Greg
I was born on Cape Barren. At the time I was taken the family comprised mum, my sister and [my two
brothers]. And of course there was my grandmother and all the other various relatives. We were only
a fairly small isolated community and we all grew up there in what I considered to be a very peaceful
loving community. I recall spending most of my growing up on the Island actually living in the home of
my grandmother and grandfather. The other children were living with mum in other places.
Until the time I was taken I had not been away from the Island, other than our annual trips from Cape
Barren across to Lady Baron during the mutton bird season.
The circumstances of my being taken, as I recollect, were that I went off to school in the morning and
I was sitting in the classroom and there was only one room where all the children were assembled and
there was a knock at the door, which the schoolmaster answered. After a conversation he had with
somebody at the door, he came to get me. He took me by the hand and took me to the door. I was
physically grabbed by a male person at the door, I was taken to a motor bike and held by the officer
and driven to the airstrip and flown off the Island. I was taken from Cape Barren in October 1959 [aged
12].
I had no knowledge [I was going to be taken]. I was not even able to see my grandmother [and I had]
just the clothes I had on my back, such as they were. I never saw mum again.
To all intents and purposes, I guess my grandmother was looked upon as my mother in some respects
because of my association with her and when I was taken there are actual letters on my file that
indicate that she was so affected by the circumstances of my being removed from the Island that she
was hospitalised, and was fretting and generally her health went on her. A nursing sister on the Island
had my grandmother in hospital and she was in fact writing letters to the Welfare Department to find
out, you know, how I was getting on and that sort of thing, and asking if I could go back to the Island
for holidays. That was refused. My grandmother was removed from the Island and placed in an agedcare hospital, and I was taken to see her and when I did she had basically lost her mind and she did
not know who I was.
It is fairly evident from reading my welfare file that [the teacher] was the eyes and ears of the Welfare
Department and that he was obviously sending reports back to them about the conditions on the
Island.
There is a consent form on [my] file that mum signed and it did include [my sister and my two brothers]
and their names were crossed out and mine was left. I do not know whether it was because I was
at the top or not. I might add that most people that I have spoken to said that mum, whilst she could
read her name, could not read or write, and obviously would not have understood the implications of
what she was signing. [It] has been witnessed by the schoolmaster.
I was flown off the Island and ... I was flown to where the small planes land at Launceston. I was
eventually placed with some people in Launceston. I have some recollection of going to school at
some stage. I noted from my file that I was transported to Hobart in 1960 my recollection of that was
being put into a semi-trailer and picked up on the side of the road by some welfare officers down there.
I was placed with some people in [Hobart], and I guess, fortunately for me, I could not have been in
better hands because I still maintain a relationship with them; they look on me as their son. They had
one daughter but Mrs used to care for other foster children and the house was full of other nonAboriginal children.
I had always wanted to return to the Island but I could never bring myself to hopping on a plane and
returning. [It was] thirty years before I went back. [The night I returned] I could not settle. I think I had
a cup of tea and I decided I would go in a different direction and I walked around the sand spit and I
do not know, something just made me turn around and look back and I looked to the school and I
just looked back to where we used to live as kids. My whole life flashed before me and I just collapsed
22
in the sand and started crying ... And when I composed myself as best I could I just sort of reflected
on things and my whole life was just racing through my mind and I guess I just wanted to be part of a
family that I never had. I just wanted to be with my mum and my grandmother and my brothers and
sisters.
Confidential evidence 384, Tasmania. The consent form signed by Gregs mother states the
reason for his removal: I am a widow, in poor health. After Greg was taken his mother
had another daughter but Greg was not aware of her existence until 1994. One of Gregs
brothers states that after Greg went their mother was in total despair. They lived in
conditions of extreme poverty in a run down shanty. One afternoon their mother went
drinking and suffered a fatal accident. Later the police came with a warrant to collect
the children and flew them to Launceston. The boys were fostered together but each of
the girls went to a different family. The first time the five children were all together was in
1995.
Gregs story appears on page 99 of Bringing them home.
Evie
My grandmother was taken from up Tennant Creek. What gave them the right to just go and take
them? They brought her down to The Bungalow [at Alice Springs]. Then she had Uncle Billy and my
Mum to an Aboriginal Protection Officer. She had no say in that from what I can gather. And then from
there they sent her out to Hermannsburg because you know, she was only 14 when she had Uncle
Billy, 15 when she had Mum. When she was 15 and a half they took her to Hermannsburg and married
her up to an Aranda man. Thats a no-no.
And then from there, when Mum was 3, they ended up taking Mum from Hermannsburg, putting her in
The Bungalow until she was 11. And then they sent her to Mulgoa mission in New South Wales. From
there they sent her to Carlingford Girls Home to be a maid. She couldnt get back to the Territory and
shed had a little baby.
Agnes [witnesss sister] and I have met him [their older brother]. We met him when he was 35. Hes
now 42 so thats not that far away. Mum had him and she was working but she doesnt know what
happened to her money. When she kept asking for her money so she could pay her fare back to Alice
Springs they wouldnt give her any.
Ive got paperwork on her from Archives in New South Wales. Theres letters stacks of em between
the Aboriginal Protection Board, New South Wales, and Northern Territory. All on my mother. They were
fighting about which jurisdiction she was in - New South Wales yet she was a kid from the Northern
Territory. So one State was saying were not paying because shes New South Wales, they should pay.
In the end New South Wales said to Mum, Ill pay your fare back on the condition that because you
havent got a husband and youve got a baby, you leave that baby here. So she left her baby behind
and came back to the Territory.
And then she had me and then my brother and another two brothers and a sister and we were all
taken away as soon as we were born. Two of them were put in Retta Dixon and by the time they were
18 months old they were sent down south and adopted. She had two kids, like they were 15 months
apart, but as soon as they turned 18 months old they were sent down south and adopted out.
One of them came back in 1992. He just has that many problems. The others we dont know where
they are. So its like weve still got a broken family.
I was taken away in 1950 when I was 6 hours old from hospital and put into Retta Dixon until I was 2
months old and then sent to Garden Point. I lived in Garden Point until 1964. And from Garden Point,
Tennant Creek, Hermannsburg. While in Garden Point I always say that some of it was the happiest
23
time of my life; others it was the saddest time of my life. The happiest time was, Yippee! all these
other kids there. You know, you got to play with them every day. The saddest times were the abuse.
Not only the physical abuse, the sexual abuse by the priests over there. And they were the saddest
because if you were to tell anyone, well, the priests threatened that they would actually come and get
you.
Everyone could see what they were doing but were told to keep quiet. And just every day you used to
get hidings with the stock-whip. Doesnt matter what you did wrong, youd get a hiding with the stockwhip. If you didnt want to go to church, well you got slapped about the head. We had to go to church
three times a day. I was actually relieved to leave the Island.
In 1977 I had three children. In 1977 my oldest was three years old then. I had another one that was
twelve months and another one that was two months old. All those kids were taken off me. The reason
behind that was, well, Id asked my girl-friend and so-called sister-in-law if she could look after my kids.
She wouldnt look after my daughter because my daughters black. So, she said shed take the two
boys and that was fine. And while I was in hospital for three months thats the only reason I asked
them to take em cause I was going to hospital because I had septicaemia.
I couldnt get my kids back when I came out of hospital. And I fought the welfare system for ten years
and still couldnt get em. I gave up after ten years. Once I gave up I found out that while I was in
hospital, my sister-in-law wanted to go overseas with my two boys cause her husband was being
posted there for 12 months from foreign affairs. And I know she brought some papers in for me to
sign while I was in hospital and she said they were just papers for their passports. Stupid me, being
sick and what-have-you didnt ask questions I signed em and found out too late they were adoption
papers. I had 30 days to revoke any orders that Id signed.
And with my daughter, well she came back in 88 but things just arent working out there. She blames
me for everything that went wrong. Shes got this hate about her doesnt want to know. The two
boys know where I am but turned around and said to us, Youre not our mother we know who our
real mother is.
So every day of your bloody life you just get hurt all the time ...
Confidential evidence 557, Northern Territory.
Evies story appears on page 147 of Bringing them home. Last updated 2 December 2001.
Karen
I am a part Aboriginal woman, who was adopted out at birth. I was adopted by a white Australian
family and came to live in New Zealand at the age of 6 months. I grew up not knowing about my
natural Mother and Father. The only information my adoptive parents had about my birth, was the
surname of my birth Mother.
I guess I had quite a good relationship with my adoptive Mum, Dad and sisters. Though my adopted
Mother said I kept to myself a lot, while I was growing up. As I got older I noticed my skin colouring
was different to that of my family. My Mother told me I was adopted from Australia and part Aboriginal.
I felt quite lonely especially as I approached my teens. I got teased often about being Aboriginal and
became very withdrawn and mixed up, I really did not know where I belonged.
As a result of this I started having psychiatric problems. I seem to cope and muddle along.
I eventually got married to a New Zealander, we have two boys, who are now teenagers. One of our
boys is dark like myself, and was interested in his heritage. I was unable to tell him anything, as I didnt
know about it myself.
24
My husband, boys and myself had the opportunity to go to Melbourne about 7 years ago on a
working holiday for 10 weeks. While in Melbourne I went to the Aboriginal Health Centre and spoke
to a social worker, as I had a copy of my birth certificate with my birth Mothers name on it. The social
worker recognized my Mothers surname Graham, and got in touch with my aunty, who gave me my
Mothers phone number.
I got in touch with my birth Mother and made arrangements to meet her. I have a half brother and
sister. My birth Mother and Father never married, though my Father knew my Mother was pregnant
with me. My Mother did not know where my Father was, as they parted before I was born. My sister
decided to call a local Melbourne paper and put our story in the paper on how I had found them after
29 years.
My Father who was in Melbourne at the time, saw the article and a photo of my Mother and myself
in the paper. He recognized my Mother and got in touch with her. My Mother and I had been
corresponding, after we returned to New Zealand. For her own reasons, she would not give my Father
my address, so my Father went through the social service agency and got in touch with me two and
a half years ago. I have met my birth Father, as I had a family wedding in Melbourne shortly after he
made contact with me, so I made arrangements to meet him.
We kept in contact with one another, but I feel we will never be able to make up for lost time, as my
birth parents live in Australia and myself in New Zealand.
I still feel confused about where I belong, it has been very emotional and the result of this caused me
to have a complete nervous breakdown. I am on medication daily and am having to see a counsellor
to help me come to terms and accept the situation, where I am at right now and to sort out some
confused feelings. My adoptive family really dont want to know too much about my birth family, which
also makes it hard.
I feel that I should be entitled to some financial compensation for travel purposes, to enable us to do
this.
Confidential submission 823, New Zealand.
Karens story appears on page 244 of Bringing them home.
25
2.
Personal stories
Part A Comparisons
Read at least two of the personal stories of Indigenous people who were separated from their families
as children. Use the table below to take notes about the details of the stories you have read.
What happened
Story one
Story two
26
I)
On a sheet of cardboard or butchers paper, divide the page into four sections with the following
headings: similarities, differences, common experiences, and long-term effects. Use the
questions below to help you work through each of headings.
1. Identify and discuss the main similarities and differences between the stories. Here are some
focus questions to guide your discussion:
What do the stories have in common?
What are the recurring experiences expressed in each story?
How are the stories different in terms of:
the way children were separated from their families
the processes the children went through
the experiences of the children who were separated from their families
the extent of contact with the childrens communities and families.
2. Identify and discuss the common experiences that come out of the stories you have read.
3. Identify and discuss how the removals had long-term effects on those people who were
separated from their families.
II
Write the key points of your discussion in the appropriate section on your butchers paper or
cardboard.
III Write one main point about the similarities, differences, common experiences, and long-term
effects from each of the stories you have read below.
Similarities ..............................................................................................................................................
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Differences..............................................................................................................................................
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Common experiences.............................................................................................................................
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Long-term effects....................................................................................................................................
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27
Part C Reflection
Using the information above, write a short paragraph answer to the following questions:
Do you think these personal stories/ histories are a good way of learning about the issue? Why/why not?
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How do peoples personal experiences and stories help our understanding of social issues?
What can be learned from them?
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28
3.
Notes
29
Part B
Working in groups, read out the following newsreel transcripts from the DVD while remembering the
images that were presented with the voiceovers.
Newsreel 1
Newsreel 2
1. Select some keywords from each newsreel. Discuss the attitudes, assumptions and general beliefs
that surround these terms.
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2. What images accompanied each of the newsreel excerpts? What is the general tone of the
newsreels? Describe how this tone is established.
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3. Whose voices are represented by the newsreel texts? Who is speaking? Who isnt speaking?
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30
Ways of telling
1. The second newsreel says that Indigenous women and their babies were amongst friends on
the missions. From your reading of the stories, what were conditions like on the missions for most
Indigenous children?
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2. How do the stories told by the newsreel compare and contrast with the stories told by Julie Lavelle
and Peter Costello (interviewees)?
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31
Suggested answers
3.
Notes
emotions (strong/lacking)
.....................................
What stood out about the story you have
chosen? (List two things that happened to the
person.)
What experiences do the people in the DVD
share with those from the stories you have
read?
abuse
lack of culture
effect of separation
lack of childhood
international viewers
Part B is for the purposes of discussion. There are no suggested answers for this section.
32
Resource sheet
4.
33
The vast majority of these were removed to institutions. These homes, missions or stations were
usually run by a manager and small set of staff. Often faced with overcrowding, the staff could do little
to provide the kind of care necessary for a childs development. Quite simply, the role of primary carer
was usually never replaced after they were removed.
Some children were also moved between institutions, or from institutions to foster homes and
then back to institutions. This lack of stable accommodation also prevented new attachments and
relationships being formed.
Overall, the removals did not only result in the childs separation from their primary carer. Children
were removed from these bonds to poor quality child care and a set of ever-changing carers and
institutions.
These experiences were carried by removed children into their adulthood. Mental health problems,
continued trauma and difficulty establishing close relationships are just some long-term effects of
removal.
Theres still a lot of unresolved issues within me. One of the biggest ones is that I cannot
really love anyone no more. Im sick of being hurt. Every time I used to get close to anyone
they were just taken away from me. The other fact is, if I did meet someone, I dont want
to have children, cos Im frightened the welfare system would come back and take my
children.
(Confidential evidence 528, New South Wales)
34
Drug use
I still to this day go through stages of depression. Not that Ive ever taken anything for it
except alcohol. I didnt drink for a long time. But when I drink a lot it comes back to me.
I end up kind of cracking up.
(Confidential evidence 529, New South Wales)
35
number of situations, the neglectful environment arose precisely because the parenting skills were
undermined.
A majority of Indigenous parents removed as children feared their own children being taken away.
Sometimes this would mean they were unwilling to take their children to doctors, school or welfare
officers for fear the same thing would happen, as happened to them.
On the other hand, the experience of removal often strengthened their parenting skills. These are
people who are conscious of how mistreatment and neglect impacted on their development and seek
to protect their children from similar abuses. In other words, they viewed their relationship with their
children as even more special, taking it less for granted.
I have a problem with smacking kids. I wont smack them. I wont control them. Im just
scared of everything about myself. I just dont know how to be a proper parent sometimes.
I can never say no, because I think theyre going to hate me. I remember hating [my foster
mother] so I never want the kids to hate me. I try to be perfect.
(Confidential evidence 529, New South Wales)
36
I felt like a stranger in Ernabella, a stranger in my fathers people. We had no identity with
the land, no identity with a certain people. Ive decided in the last 10, 11 years to, yknow,
I went through the law. Ive been learning culture and learning everything that goes with
it because I felt, growing up, that I wasnt really a blackfella. You hear whitefellas tell you
youre a blackfella. But blackfellas tell you youre a whitefella. So, youre caught in a halfcaste world.
(Confidential evidence 289, South Australia)
While Indigenous cultures were not destroyed by these policies, and continue to exist, they were
profoundly changed as a result.
For Indigenous communities, this has had a major practical impact on their ability to claim native title.
Margaret van Keppel and Robin Winkler speaking at the Third Australian Conference on Adoption in 1982.
37
In North America, where similar policies of removal were in place, a Congressional Inquiry found that
the removal of Indian children had a severe impact on Indian tribes, threatening their existence.
[Children are] core elements of the present and future of the community. The removal
of these children creates a sense of death and loss in the community, and the community
dies too theres a sense of hopelessness that becomes part of the experience for that
family, that community
(Lynne Datnow, Victorian Koori Kids Mental Health Network, evidence 135)
Racism
Those Indigenous children who were placed in institutions faced a hazard over and above that
experienced by non-Indigenous children who were institutionalised. This was the continual
condemnation and attack upon their Aboriginality and that of their families.
Many witnesses to the Inquiry spoke of an uncertainty of how to feel about their Indigenous heritage,
some even feeling negative about it.
At the core of these policies was a value judgement based on race. They imposed European culture
as a positive in preference to Indigenous culture, which was over and again presented as a negative.
Some Indigenous children would come to internalise this racism. In other words, they would judge
themselves according to these standards.
I didnt know any Aboriginal people at all none at all. I was placed in a white family and I
was just I was white. I never knew, I never accepted myself to being a black person until
I dont know I dont know if you ever really do accept yourself as being How can you
be proud of being Aboriginal after all the humiliation and the anger and the hatred you
have? Its unbelievable how much you can hold inside.
(Confidential evidence 152, Victoria)
38
4.
2.
3.
4.
Agree/ Disagree
6.
7.
8.
Agree/ Disagree
10.
11.
12.
Agree/ Disagree
39
Part B
1. Read the following quote and consider the questions below.
I had to relearn lots of things. I had to relearn humour, ways of sitting, ways of being
which were another way totally to what I was actually brought up with. It was like having
to re-do me, I suppose. The thing that people were denied in being removed from family
was that they were denied being read as Aboriginal people, they were denied being
educated in an Aboriginal way.
This woman lived from five months to 16 years in Cootamundra Girls Home in the 1950s
and 1960s.
(Confidential evidence 71, New South Wales. Bringing them home, p203)
a. The quote above mentions humour and ways of sitting as examples of ways of being. Think
about what ways of being means to you. Can you provide other examples of ways of being?
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b. Who taught these ways of being to you? Was it a conscious process of learning or more a natural
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c. What do you think this suggests about the way community works?
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d. Do you think there might be differences between how Indigenous and non-Indigenous people think
about community?
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e. What does the above quote suggest about the impact that policies of protectionism and
assimilation have had on the way that Indigenous communities function?
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40
4.
Agree/ Disagree
1.
Disagree
2.
Agree
3.
Disagree although
racism was an effect, it
does not say that racism
necessarily increased.
4.
Agree
Agree/ Disagree
5.
Agree
6.
Agree
7.
Agree
8.
Agree
10.
11.
12.
Agree/ Disagree
41
Timeline
5.
1451
Dutch explorers record the journeys of Macassan Trepangers (indigenous traders from Indonesia) to
northern Australia. Trade between the Macassans and Aborigines continues until 1906.
Timeline of contact between outsiders and Indigenous people in Australia:
http://www.racismnoway.com.au/library/keydates/index-Pre_1700.html
1770
James Cook claims possession of the whole east coast of Australia. Cook raises the British flag at
Possession Island, off Cape York Peninsula in Queensland.
The Secret Instructions to Lieutenant Cook 30 July 1768:
http://www.foundingdocs.gov.au/item.asp?sdID=67
1788
The First Fleet lands in Port Jackson British settlement in Australia begins. Clashes between
Aboriginal people and the settlers are reported over the next 10 years in the Parramatta and
Hawkesbury areas.
First Fleet Online: http://cedir.uow.edu.au/programs/FirstFleet/
An overview of the landing and settlement: http://www.acn.net.au/articles/1999/01/australia.htm
1814
Governor Macquarie opens a school for Aboriginal children at Parramatta called the Native Institution.
Read the Story of Maria Locke, the first girl to be placed in the care of the Native Institution at
Parramatta when it opened in 1815: http://www.abc.net.au/lateline/content/2003/hc48.htm
1824
Martial law is declared in Bathurst, New South Wales, when several Europeans are killed by Aboriginal
people and conflict with Aborigines is seen as a serious threat to white settlement.
An account of the 1824 war in Bathurst:
http://www.nsw.nationaltrust.org.au/ida/link_d3_1824war.html
42
1830
Tasmanian Aboriginal people are resettled on Flinders Island without success. Later, the community is
moved to Cape Barren Island.
A history of Flinders Island: http://www.focusonflinders.com.au/about.htm
Alma Stackhouses story: http://www.austlii.edu.au/au/other/IndigLRes/car/1993/15/21.html
1834
In Western Australia, Governor Stirling leads 25 mounted police against the Aboriginal people.
Conflicting records exist in regards to the number of people killed during the Battle of Pinjarra.
1837
British Select Committee examines the treatment of Indigenous people in all British colonies and
recommends that Protectors of Aborigines be appointed in Australia.
1838
Myall Creek Massacre. Near Inverell (NSW), settlers shoot 28 Aboriginal people, mostly women and
children. 11 Europeans were charged with murder but are acquitted. A new trial is held and seven men
are charged with the murder of one Aboriginal child. They are found guilty and hanged.
R v Kilmeister (No 2), 1838 text of the decision of the Superior Court of New South Wales by
Justice Burton:
http://www.law.mq.edu.au/scnsw/Cases1838-39/html/r_v_kilmeister__no_2___1838.htm
1869
The Aorigines Protection Act (Vic) establishes an Aborigines Protection Board in Victoria to manage
the interests of Aborigines. The Governor can order the removal of any child from their family to a
reformatory or industrial school.
The Aboriginal Protection Act : http://foundingdocs.gov.au/item.asp?sdID=22
1883
The NSW Aborigines Protection Board is established to manage the lives of 9000 people.
Protection and Welfare Boards in New South Wales:
http://www.austlii.edu.au/au/other/IndigLRes/rciadic/regional/nsw-vic-tas/206.html
1897
The Aboriginal Protection and Restriction of the Sale of Opium Act (Qld) allows the Chief Protector to
remove local Aboriginal people onto and between reserves and hold children in dormitories. Until 1965
the Director of Native Welfare is the legal guardian of all aboriginal children whether their parents are
living or not.
A copy and description of the Act: http://foundingdocs.gov.au/item.asp?sdID=54
1901
Australia becomes a Federation. The Constitution states that Aboriginal People will not be counted in
the census, and that the Commonwealth has the power tomake laws relating to any race of people In
Australia with the exception of Aborigines. The federated states therefore retainexclusive power over
Aboriginal affairs until the Constitution is amended in 1967.
Australian Human Rights Commission 2010 | www.humanrights.gov.au/education/bringing_them_home
43
1905
The Aborigines Act (WA) is passed. Under this law, the Chief Protector is made the legal guardian
of every Aboriginal and half-caste child under 16 years old. In the following years, other states and
territories enact similar laws.
Bringing them home Appendix 5: Western Australia. Laws applying specifically to Aboriginal
children: http://www.austlii.edu.au/au/other/IndigLRes/stolen/stolen68.html
Some information on one of the NT Chief Protectors:
http://www.abc.net.au/federation/fedstory/ep4/ep4_people.htm
1909
The Aborigines Protection Act (NSW) gives the Aborigines Protection Board power to assume full
control and custody of the child of any Aborigine if a court found the child to be neglected under the
Neglected Children and Juvenile Offenders Act 1905 (NSW).
1911
The Aborigines Act (SA) makes the Chief Protector the legal guardian of every Aboriginal and `halfcaste child with additional wide-ranging powers to remove Indigenous people to and from reserves.
The Northern Territory Aboriginals Ordinance (Cth) gives the Chief Protector to assume `the care,
custody or control of any Aboriginal or half caste if in his opinion it is necessary or desirable in the
interests of the Aboriginal or half caste for him to do so. The Aborigines Ordinance 1918 (Cth) extends
the Chief Protectors control even further.
1915
The Aborigines Protection Amending Act (NSW) gives power to the Aboriginal Protection Board to
separate Indigenous children from their families without having to establish in court that they were
neglected.
1928
Coniston Massacre, Northern Territory. Europeans shoot 32 Aborigines after a white dingo trapper and
station owner are attacked by Aboriginals. A court of inquiry says the European action was justified.
Perspectives on the Coniston Massacre: http://www.abc.net.au/frontier/education/coniston.htm
1935
The introduction of the Infants Welfare Act (Tas) is used to remove Indigenous children on Cape Barren
Island from their families. From 1928 until 1980 the head teacher on Cape Barren is appointed as a
special constable with the powers and responsibilities of a police constable, including the power to
remove a child for neglect under child welfare legislation.
1937
The first Commonwealth/State conference on native welfare adopts assimilation as the national
policy:
44
The destiny of the natives of aboriginal origin, but not of the full blood, lies in ultimate absorption
with a view to their taking their place in the white community on an equal footing with the whites.
In 1951, at the third Commonwealth/State Conference on native welfare, assimilation is affirmed as
the aim of native welfare measures.
National Report Volume 2 The Assimilation Years: http://www.austlii.edu.au/cgi-bin/disp.pl/au/
other/IndigLRes/rciadic/national/vol2/278.html?query=%7e+assimilation
1938
Australian Aborigines Conference held in Sydney. Meeting on January 26, the 150th Anniversary of
NSW, Aborigines mark the Day of Mourning.
The Resolution from the Australian Aborigines Conference:
http://www.abc.net.au/frontier/education/shutstu.htm#1938
Australian History Reclaims its Indigenous Past:
http://www.austlii.edu.au/au/other/IndigLRes/car/1996/1/wtpag12.htm
1940
The NSW Aborigines Protection Board loses its power to remove Indigenous children. The Board is
renamed the Aborigines Welfare Board and is finally abolished in 1969.
A history of Aboriginal child welfare in NSW: http://www.lawlink.nsw.gov.au/lrc.nsf/pages/RR7CHP2
1948
The Universal Declaration of Human Rights is adopted by the newly-formed United Nations, and
supported by Australia.
The Declaration: http://www.un.org/Overview/rights.html
1949
The Convention on the Prevention and Punishment of the Crime of Genocide is ratified by Australia. It
comes into force in 1951.
The Convention on the Prevention and Punishment of the Crime of Genocide:
http://www.unhchr.ch/html/menu3/b/p_genoci.htm
19521963
Atomic tests take place at Emu Field and Maralinga in South Australia. Aborigines describe a black
mist and report sight loss and skin rashes. Many die from radiation poisoning. Hundreds of families are
forced the leave their homelands because of contamination.
A website on Maralinga: http://www.naa.gov.au/fsheets/fs129.html
1966
In the Northern Territory, Aboriginal stock workers protest against their living conditions in the Wave Hill
Walk Off.
A fact sheet about the Walk Off:
http://www.racismnoway.com.au/library/keydates/index-1900s.html#1960
45
1967
A national referendum is held to amend the Constitution. Australians confer power on the Commonwealth
to make laws for Aboriginal people. Aborigines are included in the census for the first time.
A fact sheet about the referendum: http://www.aa.gov.au/publications/fact_sheets/fs150.html
Section 51xxvi http://www.foundingdocs.gov.au/amendment.asp?amID=17
Section 127 http://www.foundingdocs.gov.au/amendment.asp?amID=21
1969
By 1969, all states had repealed the legislation allowing for the removal of Aboriginal children under the
policy of protection. In the following years, Aboriginal and Islander Child Care Agencies (AICCAs) are
set up to contest removal applications and provide alternatives to the removal of Indigenous children
from their families.
1971
Neville Bonner is sworn in as Australias first Aboriginal Senator.
Biography Neville Bonner: http://www.abc.net.au/btn/australians/bonner.htm
1972
The Aboriginal Tent Embassy is pitched outside Parliament House in Canberra to demonstrate for Land
Rights.
1975
The Commonwealth Government passes the Racial Discrimination Act 1975
1976
The Aboriginal Land Rights (Northern Territory) Act is passed by Commonwealth Parliament in 1976. It
provides for recognition of Aboriginal land ownership, granting land rights to 11, 000 Aboriginal people
and enabling other Aboriginal people to lodge a claim for recognition of traditional ownership of their
lands.
Aboriginal Land Rights (Northern Territory) Act 1976 (Cth):
http://www.foundingdocs.gov.au/item.asp?sdID=64
1980
Link-Up (NSW) Aboriginal Corporation is established. It is followed by Link-Up (Brisbane) in 1984, LinkUp (Darwin) in 1989, Link-Up (Tas) in 1991, Link-Up (Vic) in 1992, Link-Up (SA) in 1999, Link-Up (Alice
Springs) in 2000, and Link-Up (WA seven sites) in 2001. Link-Up provides family tracing, reunion and
support for forcibly removed children and their families.
List of current Link-Up organisations:
http://www.aiatsis.gov.au/library/family_history_tracing/link_up_services
1981
Secretariat of the National Aboriginal and Islander Child Care established (SNAICC). SNAICC
represents the interests on a national level of Australias 100 or so Indigenous community-controlled
childrens services.
46
Secretariat of the National Aboriginal and Islander Child Care established (SNAICC):
http://www.snaicc.asn.au/
1983
The Aboriginal Child Placement Principle, developed principally due to the efforts of Aboriginal and
Islander Child Care Agencies (AICCAs) during the 1970s, is incorporated in NT welfare legislation
to ensure that Indigenous children are placed with Indigenous families when adoption or fostering is
necessary. This is followed in NSW (1987), Victoria (1989), South Australia (1993), Queensland and the
ACT (1999), Tasmania (2000) and Western Australia (2006).
Bringing them home report Aboriginal Child Placement Principle: State and Territory Review:
http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen/stolen48.html
1987
Northern Territory elections are held and for the first time voting is compulsory for Aboriginal people.
1988
The Bicentennial of British Settlement in Australia takes place. Thousands of Indigenous people and
supporters march through the streets of Sydney to celebrate cultural and physical survival.
The Aboriginal Memorial: We Have Survived:
http://www.nga.gov.au/Dreaming/Index.cfm?Refrnc=Ch2a
1991
The Council for Aboriginal Reconciliation is set up, funded by the Commonwealth Government.
Parliament noted that there had not been a formal process of reconciliation to date, and that it was
most desirable that there be such a reconciliation by 2001.
Reconciliation Australia website: http://www.reconciliationaustralia.org/graphics/ra/history.html
The Royal Commission into Aboriginal Deaths in Custody presents its report to the Commonwealth
Government. It finds that of the 99 deaths it investigated, 43 were of people who were separated from
their families as children.
ATSIC website Royal Commission into Aboriginal Deaths in Custody:
http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/atsic/ar1991-92/20.html
1992
The High Court of Australia hands down its landmark decision in Mabo v Queensland. It decides that
native title exists over particular kinds of lands unalienated Crown Lands, national parks and reserves
and that Australia was never terra nullius or empty land.
Access the High Court decision on Mabo at:
http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/archives/mabo/
1993
International Year of Indigenous People.
The Commonwealth Government passes the Native Title Act 1993. This law allows Indigenous people
to make land claims under certain situations. Claims cannot be made on freehold land (privately-owned
land).
47
1994
The Going Home Conference in Darwin brings together over 600 Aboriginal people removed as children
to discuss common goals of access to archives, compensation, rights to land and social justice.
1995
The National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children From Their
Families is established by the Commonwealth Government in response to efforts made by key
Indigenous agencies and communities.
Terms of Reference:
http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen/prelim.html#terms
1996
The High Court hands down its decision in the Wik case. Wik concerned land, which is, or has been,
subject to pastoral leases.
http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/ntreport_1997/03.html
1997
The Commission presents Bringing them home, its report on the findings of the National Inquiry into the
Separation of Aboriginal and Torres Strait Islander Children from their Families to the Commonwealth
Government.
The Bringing them home report:
http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen/
The parliaments and governments of Victoria, Tasmania, ACT, New South Wales, South Australia and
Western Australia all issue statements recognising and publicly apologising to the Stolen Generations.
For the specific details of the apologies issued in various state jurisdictions, see:
http://pandora.nla.gov.au/pan/49245/20050414/www.daa.nsw.gov.au/news/files/
FinalBTHReportDec2003.doc
1998
The Commission releases the Social Justice Report 1998, which includes a summary of responses
from the churches, and non-Indigenous community to the Inquirys recommendations plus an
Implementation Progress Report.
Social Justice Report 1998: http://www.humanrights.gov.au/social_justice/sjreport_98
The Commonwealth Government amends the Native Title Act. This restricts the way in which native
title can be claimed.
The Ten Point Plan in response to the Wik decision:
http://www.nlc.org.au/html/land_native_amend.html
48
National Archives Australia Bringing them home indexing project is launched. The project is focussed
on the identification and preservation of Commonwealth records related to Indigenous people and
communities.
Bringing them home indexing project Fact Sheet: http://www.naa.gov.au/fsheets/fs175.html
1999
Federal Parliament passes a motion of deep and sincere regret over the removal of Aboriginal children
from their parents.
Mandatory sentencing in Western Australia and the Northern Territory becomes a national issue. Many
call for these laws to be overturned because they have greater impact on Indigenous children than on
non-Indigenous children.
Statement from the Aboriginal and Torres Strait Islander Commissioner on mandatory sentencing:
http://www.hreoc.gov.au/speeches/social_justice/mandatory_sentencing.html
2000
The Peoples Walk for Reconciliation on 28 May occurs in state/territory capitals throughout Australia.
Australia appears before the United Nations Committee on the Elimination of Racial Discrimination. The
Committee criticises the Commonwealth Governments inadequate response to recommendations
from Bringing them home:
While noting the efforts by the State party to address the tragedies resulting from the previous policy
of removing indigenous children from their families, the Committee remains concerned about the
continuing effects of this policy.
The Committee recommends that the State party intensify these efforts so that the victims themselves
and their families will consider that they have been afforded a proper remedy (arts 2, 17 and 24).
For the full text of the Concluding Observations of the HRC see
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/A.55.40,paras.498-528.En?OpenDocument
Aboriginal and Torres Strait Islander Social Justice Commissioners Social Justice Report 2000:
http://www.hreoc.gov.au/social_justice/sjreport00/chap3.html#ch3_aus_appearance
Inquiry into the Federal Governments Implementation of the Recommendations Made by the Human
Rights and Equal Opportunity Commission (as it was then known) in Bringing them home undertaken
by the Senate Legal and Constitutional References Committee.
HEALING: A Legacy of Generations the report of the Inquiry into the Federal Governments
Implementation of the Recommendations in Bringing them home:
http://www.aph.gov.au/Senate/committee/legcon_ctte/stolen/report/index.htm
Speech by Dr William Jonas, Aboriginal and Torres Strait Islander Social Justice Commissioner at
the public hearings held in July 2000:
http://www.humanrights.gov.au/speeches/social_justice/stolen_generation.html
Final report of the Council for Aboriginal Reconciliation presented to the Prime Minister and the
Commonwealth Parliament.
For a full text of the report see: http://www.austlii.edu.au/au/other/IndigLRes/car/2000/16/
2001
The Northern Territory Government repeals its mandatory sentencing laws.
49
The Northern Territory Government presents a parliamentary motion of apology to people who where
removed from their families.
The Commission & PIAC (Public Interest Advocacy Centre) hold the Moving Forward Conference. The
conference aims to explore ways of providing reparations to Indigenous people forcibly removed from
their families.
2002
The Social Justice Report 2001 and Native Title Report 2001 are presented to Commonwealth
Parliament. Both reports express serious concerns about the nations progress in achieving the
exercise of Indigenous rights.
Whatever happened to Reconciliation? Speech by Dr William Jonas at the media conference to
launch the Social Justice Report 2001 and the Native Title Report 2001:
http://www.humanrights.gov.au/speeches/social_justice/what_happened_reconciliation.html
Social Justice Report 2001 Reconciliation Progress Report:
http://www.humanrights.gov.au/social_justice/sjreport_01/chapter6.html
The Public Interest Advocacy Centre (PIAC) releases Restoring Identity the follow up report to the
Moving Forward Conference. The report presents a proposal for a reparations tribunal.
Restoring Identity Final Report 2002:
http://www.piac.asn.au/publications/pubs/restore_20020927.html
Inquiry into the Progress Towards National Reconciliation undertaken by the Senate Legal and
Constitutional References Committee.
Inquiry into the Progress Towards National Reconciliation:
http://www.aph.gov.au/Senate/committee/legcon_ctte/reconciliation/index.htm
Statement at the media conference for the Senate Legal and Constitutional References
Committees Reconciliation Inquiry by Dr William Jonas, Aboriginal and Torres Strait Islander
Social Justice Commissioner:
http://www.humanrights.gov.au/speeches/social_justice/jonas_reconciliation_inquiry.html
The Sorry Day Committee release report of the Parliamentary Seminar Report: Are we bringing
them home? The Report surveys the progress in the implementation of the Bringing them home
recommendations.
National Library of Australia Oral History Project, Many Voices: Reflections on Experience of Indigenous
Child Separation published.
National Library of Australia Gateways at: http://www.nla.gov.au/ntwkpubs/gw/60/p01a01.html
The first member of the Stolen Generations is awarded compensation in the NSW Victims
Compensation Tribunal for the sexual assault and injuries she suffered after authorities removed her
from her family.
For a media release giving more details on the decision, see:
http://www.theage.com.au/articles/2002/10/17/1034561266360.html
As part of the Victorian Governments response to the Bringing them home Report, Victoria establishes
a Stolen Generations taskforce.
2003
The Ministerial Council for Aboriginal and Torres Strait Islander Affairs (MCATSIA) commissions and releases
an independent evaluation of government and non-government responses to Bringing Them Home.
50
2004
The Commonwealth Government establishes a memorial to the Stolen Generations at Reconciliation
Place in Canberra.
For a description of the text that accompanies the artwork see:
http://www.nsdc.org.au/index.php/index.htm
461 Sorry Books recording the thoughts of Australians on the unfolding history of the Stolen
Generations are inscribed on the Australian Memory of the World Register, part of UNESCOs
programme to protect and promote documentary material with significant historical value.
For the full media release relating to the inscription of the books see:
http://www.eniar.org/news/unesco.html
2005
The organisation Stolen Generations Victoria is set up as a result of the 2003 report of the Stolen
Generations taskforce. Its purpose is to establish a range of support and referral services that will
assist Stolen Generation peoples to reconnect with their family, community, culture and land.
For more details on this organisation see: http://www.stolengenerationsvictoria.org.au
The National Sorry Day Committee announces that in 2005, Sorry Day will be a National Day of
Healing for All Australians in an attempt to better engage the non-Indigenous Australian community
with the plight of the Stolen Generations.
For details on this announcement see: http://www.nsdc.org.au/index.php/index.htm
For the official declaration made by Australias Aboriginal and Torres Strait Islander Stolen
Generations on Sorry Day 2005 see: http://www.eniar.org/news/nsdc4.html
The Aboriginal and Torres Strait Islander Commission (ATSIC) is dismantled by the Aboriginal and
Torres Strait Islander Commission Amendment Act 2005 (Cth) and replaced by a Commonwealth
Government appointed advisory board.
For media releases surrounding the demise of ATSIC see:
http://www.abc.net.au/pm/content/2004/s1088224.htm
The first official Sorry Day ceremony outside Australia is hosted in Lincoln Fields, London, on 25 May 2005.
For the full details of this celebrations see: http://www.eniar.org/news/SorryDayUK2005.html
Volume two of the Western Australian Aboriginal Child Health Survey is released. The report says that
12.3% of the carers of Indigenous children aged 017 in Western Australia were forcibly removed
from their families. Compared with other Indigenous children, the children of members of the Stolen
Generations are twice as likely to have emotional and behavioural problems, to be at high risk for
hyperactivity, emotional and conduct disorders, and twice as likely to abuse alcohol and drugs.
Australian Human Rights Commission 2010 | www.humanrights.gov.au/education/bringing_them_home
51
2006
The first Stolen Generations compensation scheme in Australia is set up in Tasmania by the Stolen
Generations of Aboriginal Children Act 2006 (Tas).
For the full text of the legislation see: http://www.thelaw.tas.gov.au
2007
The tenth anniversary of the Bringing them home report is recognised around Australia with a number
of different events.
For details of events see http://www.humanrights.gov.au/social_justice/bth_report/index.html
The first Stolen Generationscompensation case is successful in the Supreme Court ofSouth Australia.
TheTrevorrowjudgment recognised the existence of the policy of removing Aboriginal children from
their families and the detrimental long-term effects of that policy on both the removedchildrenand
on the wider Aboriginal community.It found that even though the State of South Australia had
guardianship powers over Aboriginal children, those powers were formulated for the care and
protection of Aboriginal children, and did not extend to removal of children from their natural parents.
See http://www.courts.sa.gov.au/judgments/topics.html
2008
The federal government publically apologises to the Aboriginal and Torres Strait Islander people of
Australia for the forced removals of their children throughout history.
Response to Government to the National Apology to the Stolen Generations by Tom Calma 13
February 2008.
See www.humanrights.gov.au/about/media/speeches/social_justice/2008/20080213let_the_
healing_begin.html
http://www.abc.net.au/tv/apology/
Apology transcript AIATSIS http://www1.aiatsis.gov.au/exhibitions/apology/sorry.html
The Federal Parliament opens for the year with a Welcome to Country, for the first time ever.
2009
The Federal Government establishes the National Congress of Australias First Peoples.
Note: For the latest up-to-date information about the status of the recommendations of
the report go the Social Justice section of the website at:
www.humanrights.gov.au/social_justice
52
5.
1.
2.
3.
4.
5.
2. The timeline contains a number of events that are not directly connected to the removal of
Indigenous children from their families. They do, however, have an indirect connection. Using the
timeline, find the events that match the dates below and write a sentence or two on how you think
the event is related to the removal on Indigenous children.
Date
Event
1770
1901
1937
53
Date
Event
1948
1967
1993
1996
The timeline contains issues that are not directly connected with the removal of Indigenous children.
For example, there are dates concerning Australias independence from Britain. This is almost a thread
of history in its own right.
What other threads of history are in the timeline?
...............................................................................................................................................................
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Why do you think they are there?
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...............................................................................................................................................................
...............................................................................................................................................................
54
Events take place in a social context. They are often connected with events that may initially seem
quite separate and independent. History should not be seen as development in a line, but as set of
relationships between things, events, ideas and people.
What do you think is meant by social context?
...............................................................................................................................................................
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What does this mean about the way we think about the history of removals?
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Should we be looking for patterns? How can we do this?
...............................................................................................................................................................
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2. When the discussion is complete reflect on the opinions you have heard from your classmates and
write a paragraph below. Identify the points of discussion you viewed as most important.
Personal perspective
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55
5.
56
own perspective on this, although they should indicate reference to the specific changes in laws
(such as the Aboriginal Protection Acts).
2. Suggested answers are provided for the events below, although students will have their own
reasoning for explaining the connection.
Date
Event
1770
1901
Federation
1937
1948
1967
National referendum
1993
1996
5.
2. Most of the events in the timeline have a link to another website where you can find more
information. Use the links in the timeline as a starting point for your research. At this stage, you
should focus on defining your research topic.
3. Read through what the webpage has to say about the event. If you do not have access to the
internet, another good starting point is an encyclopaedia in your school or local library.
4. Use the table below to assist you during your initial research.
Note your research topic or question, along with the date of the event or issue you are interested in
and any definitions you discover. You should also note any possible resources or research paths you
have identified for further exploration.
Research topic or question:
(Due date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )
Relevant date(s) of event:
Definitions:
57
What happened?
What are the basic facts?
Are there differences of opinion?
If so, what are these?
58
Who?
Who caused the event?
Who did it affect?
What people were involved?
Who is telling the story?
Why?
Why did it happen?
Are there differences of opinion?
If so, what are they?
Other information
Record information that may not
relate to the above questions, but
that you still think is important.
59
Resource sheet
6.
Unoccupied land
Aboriginal people and their ancestors have occupied Australia for at least 40 000 years. They had with
their own systems of law, languages and cultural practices. Although Indonesian traders had visited
Australia in the 15th century it was not until the mid 1500s that European powers began to consider
the possible existence of a great southern land.
Spanish and Portuguese explorers and merchants often chanced upon Australias shores by accident,
reporting back to their governments. Dutch explorers such as William Jansz, Dirk Hartog and Abel
Tasman made sightings and landings on Australias shores. These early colonial powers were mainly
interested in commerce rather than settlement.
Some 140 years after the Dutch named this land mass New Holland, James Cook led the journey
on the Endeavour. He was commissioned by the British Government to make three voyages, and to
consider the trading and settlement possibilities. On 23 August 1770, after landing at Botany Bay,
Cook claimed the land for the British Crown and named it New South Wales.
It was some 16 years before the British Government looked at settling New South Wales. Unlike many
of Australias other colonies, New South Wales was initially set up as a penal colony. The traditional
view is that Britain sought to relieve the pressure on its prisons. A growing urban underclass in its cities
was causing increased crime and the loss of the American colonies necessitated a search for new
places to deport convicts.
On 26 January 1788, the First Fleet landed carrying some 1 000 people, more than 700 of whom were
convicts. The British also brought over a system of law, administration and cultural practices. Their
vision of settlement was based on the European doctrine of terra nullius, or unoccupied land. This
justification for settlement was used in spite of contact with Aboriginal people since Cooks landing. No
treaty or agreement for land use was made.
Early colonisation
The New South Wales settlement was soon filled with convicts, colonial administrators and military
police from Britain. Resistance and conflict between Europeans and Aborigines began almost
immediately. Captain Phillip estimated there were 1 500 Aborigines living in the Sydney region.
Aboriginal communities who lived on or near the settlements were forced back into the territories of
other communities. They protested against the colonial land claims and development. This pattern was
followed once penal colonies were set up in Van Diemens Land (Tasmania) in 1803 and in Queensland
in 1824.
Food and natural resources were major problems for settlers the climate and geography were also
very different from that in Europe. Human resources were also limited. There were very few farmers,
carpenters and engineers, all needed to create a self-supporting colony. Health was also a problem for
the settlers, though not as great a problem as the introduced diseases (carried on the First Fleet) were
for Aboriginal people. In 1789 smallpox decimated the Aboriginal population of Port Jackson, Botany
Bay and Broken Bay.
In 1790, a second fleet of migrants arrived from Britain this time most on board were free settlers.
Governor Phillip encouraged them to establish farming and grazing to the north and west of the
settlement. Gradually, the colony began to grow and become self-sufficient.
60
During this expansion and exploration conflict between Aboriginal peoples and European settlers
heightened, with quite violent consequences in many cases. In 1799 a six year period of resistance
to white settlement by Aborigines in the Hawkesbury and Parramatta regions commenced. In
Queensland, settlers poisoned Aboriginal people at Kilcoy Station in 1842 and there were attacks on
Aboriginal camps at Breakfast Creek in 1860.
The situation was much worse in Tasmania, where an outright guerrilla war took place between
Aboriginal people and settlers. In 1830, Governor Arthur tried unsuccessfully to drive all the remaining
Aboriginal people in eastern Van Diemens land on to the Tasman Peninsula.
Even in the later settlement of Western Australia, violent conflict occurred after areas were settled. For
example, at the Battle of Pinjarra Governor Stirling led an expedition and opened fire against a group of
Indigenous people after they had been involved in conflict with the local settlers.
According to British law, Aboriginal people became British subjects upon settlement. Governor
Phillip was instructed to open an intercourse with the natives and ensure their protection. Later on,
settlements in South Australia and the Northern Territory were established with similar instructions
protection of Aboriginal people. After all, as British subjects (like the free settlers) they were entitled to
equal treatment, at least theoretically.
61
entry and exit from the reserves was controlled, as was their everyday life on the reserves, their right to
marry and their employment.
Tasmania was the exception to this trend. Until the late 1960s, Tasmanian governments insisted that
Tasmania did not have an Aboriginal population, just some half-caste people.
While other governments and Chief Protectors did not voice similar opinions, these extreme views
provide insight into the possible underlying intentions of the policy in all states and territories. Many
practices did target anything that would lead to the continued existence of a full-blood population.
For example, young women were the first to be targeted for separation and merging. This was just as
much about controlling reproduction as it was about cheap domestic labour.
Despite the force of this new policy, merging failed. While mixed-descent Indigenous children were
formally merged into non-Indigenous society, they simply did not become white. On the contrary,
those who were merged simply faced extreme disadvantage on two counts. Firstly, by being separated
from their families and communities, and secondly, by facing discrimination when they entered nonIndigenous communities. An urban underclass of Indigenous people was also starting to grow in the
cities.
63
By the early 1960s, it was clear that Indigenous people were not being assimilated the policy had
failed. Discrimination by non-Indigenous people and the refusal of Indigenous people to surrender their
lifestyle and culture were standing in the way.
The promise of change came in 1967, with the successful constitutional referendum. The referendum
altered the constitution to remove references to Aboriginal people so that all people in Australia were
to be subject to the same laws, and Indigenous people would be included in the census. Further, it
gave the federal government powers to make laws for Indigenous people. As a result, a National Office
of Aboriginal Affairs was established.
64
For the Aboriginal child growing up in a racist society, what is most needed is a supportive
environment where a child can identify as an Aboriginal and get emotional support from
other blacks. The supportive environment that blacks provide cannot be assessed by
whites and is not quantifiable or laid down in terms of neat identifiable criteria
Aboriginal people maintain that they are uniquely qualified to provide assistance in the
care of children. They have experienced racism, conflicts in identity between blacks and
whites and have an understanding of Aboriginal lifestyles.
The Hawke and Keating governments both used the term self-determination almost interchangeably
with that of self-management through the 1980s and early 1990s. The continued activism of
Indigenous communities and growing awareness among welfare workers led to further changes in
government practices. In 1980, Link-Up (NSW) Aboriginal Corporation was established. The service
traced family movements and reunited Indigenous children with their families. Similar services now exist
in every state and territory.
In 1981 the Secretariat of the National Aboriginal and Islander Child Care (SNAICC) was established.
SNAICC represented the interests at a national level of Australias one hundred or so Indigenous
communitycontrolled childrens services.
In 1983, the Aboriginal Child Placement Principle was developed and introduced into Northern Territory
law. The basic requirement of this Principle was that Indigenous families must be the preferred option
for placing an Indigenous child in need of alternative care. New South Wales, South Australia, Victoria
and Tasmania followed this lead. The Principle was also informally introduced in Western Australia and
Queensland.
In the 1990s, a number of significant changes to the way Indigenous people were viewed by nonIndigenous people took place. The most significant of these were:
the establishment of the Council for Aboriginal Reconciliation by law of the federal Parliament in
1990
the findings of the Royal Commission into Aboriginal Deaths in Custody in 1991
the decision of the High Court in Mabo v Queensland in 1992
the Native Title Act passed by the federal government in 1993
the establishment of the National Inquiry Into the Separation of Aboriginal and Torres Strait
Islander Children from Their Families in 1995
the High Court Wik decision in 1996
the then Human Rights and Equal Opportunity Commission presents Bringing them home
the Report of the National Inquiry to into the Separation of Aboriginal and Torres Strait Islander
Children from Their Families presented to Federal Parliament in 1997
the introduction of the Native Title Amendment Act (Cth) in 1998
the Peoples Walk for Reconciliation in 2000.
65
The report was a detailed national summary of the history of separations. It expressed difficulty in
being able to come up with a definite figure for the number of Indigenous children separated from
their families; but did estimate that between one in three and one in ten Indigenous children were
separated from their families and communities between 1910 and 1970. This figure does not account
for separations before 1910.
Most importantly, it found that most families had been affected, in one or more generations, by
government policies and laws requiring the separation of Aboriginal and Torres Strait Islander children
from their families.
Links
Bringing them home report: http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen/
Bringing them home Community Guide:
http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen_summary/
Social Justice Report 2002 Chapter 2: Self Determination:
http://www.humanrights.gov.au/social_justice/sjreport02/chapter2.html
Australian Museum Online Indigenous Australia:
http://www.dreamtime.net.au
66
6.
Part A
Read the Australia a national overview resource sheet. While you are reading, make three dot points
under each of the following headings:
Unoccupied land
Early colonisation
The first laws which allowed for the separation of Aboriginal and Torres Strait Islander
children from their families
The rationale behind the assimilation of Indigenous people
Self-management and self-determination
The Bringing them home Report and its findings
67
3. After 60 seconds switch and change roles. Partner B cannot repeat anything said by A.
4. When partner B has spoken for 60 seconds, partners switch roles again. Now partner A has 40
seconds to continue the review. Remember nothing stated already can be repeated.
7.
Using sources
All the teachings that we received from our [foster] family when we were little, [were]
that black people were bad I wanted my skin to be white.
(Confidential evidence 132, Victoria Bringing them home report)
We have power to deal with people of any race within our borders, except the aboriginal
inhabitants of the continent, who remain under the custody of the States. There is that
single exception of a dying race; and if they be a dying race, let us hope that in their
last hours they will be able to recognise not simply the justice, but the generosity of the
treatment which the white race, who are dispossessing them and entering into their
heritage, are according them.
Attorney General Alfred Deakin, 1901
Genocide includes forcibly transferring children of the group to another group committed
with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.
UN Convention on the Prevention and Punishment of the Crime of Genocide, 1948
Several indicators of Indigenous well-being and involvement have seen a reversal in recent
years. There are now fewer Aboriginal people at university than there were five years ago,
and fewer Aboriginal people in the public service than a decade ago.
Statement by former Prime Minister Malcolm Fraser, 2005
In 2003, the infant mortality rate for Aboriginal and Torres Strait Islander infants
was recorded as three times that of non-Indigenous infants. In 2004 it was found that
Aboriginal and Torres Strait Islanders were up to twice as likely to be hospitalised for
mental and behavioural disorders as non-Indigenous Australians.In 2005, two thirds of
Indigenous Australians were reported to have a long-term health condition, and one in
three had vision problems.
Speech by Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, 2007
I hated white people with a passion because of this. I actually tried to bleach my skin
when I was in grade 3 because being black meant too much pain. When I reached 1617
years of age, I gave up. I found a sense of belonging in alcohol, drugs, violence and
gambling, and having no self-respect for myself. It was my pit for years until I reached a
point where I didnt want to live any more. I was prepared to take my life. I wanted to die.
Speech of Christine Jacobs, Stolen Generations survivor, 2005
69
Focus questions
Why is it useful to refer to a variety of sources to understand the events of the past?
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Draw a spider diagram showing the range of people involved in the separation of Aboriginal and Torres
Strait Islander Children from their families.
70
7.
Using sources
The following statistics arise from a number of different reports, which were written at different times
and about different groups of people. They are not necessarily representative of national statistics.
38% of Indigenous people were forcibly removed themselves and/or had relatives who, as a
child, had been forcibly or otherwise removed from their natural family.
National Aboriginal and Torres Strait Islander Social Survey 2002
Over 50% of respondents who gave evidence to the Bringing them home Inquiry were five
years or younger when they were removed from their families.
Bringing them home report, page 182
The children of members of the Stolen Generations are twice as likely to have emotional
and behavioural problems, to be at high risk for hyperactivity, emotional and conduct
disorders, and twice as likely to abuse alcohol and drugs.
Western Australian Aboriginal Child Health Survey 200102
Indigenous people in Australia are almost one and a half times more likely to have a
disability or long-term health condition than non-Indigenous people.
National Aboriginal and Torres Strait Islander Social Survey, 2002
21.5% of Indigenous children under 12 experienced racism in the previous six months.
Western Australian Aboriginal Child Health Survey 200102
Focus questions
1. What do these statistics suggest were the effects of the removal of Indigenous children from their
families?
...............................................................................................................................................................
...............................................................................................................................................................
3. What other information would be useful to assess the impact of the policies of removal of
Indigenous children from their families?
...............................................................................................................................................................
...............................................................................................................................................................
71
7.
Using sources
Stolen Generation compensation long overdue
Thursday, 2 August 2007
Human Rights and Equal Opportunity Commission
(now the Australian Human Rights Commission)
Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma has warmly
congratulated Bruce Trevorrow on being the first person from the Stolen Generations to secure
compensation after a long hard struggle through the courts.
Mr Trevorrows win in South Australia represents a watershed moment for all members of the Stolen
Generation. It sends a powerful message to others states and territories that compensation is rightfully
owed to the victims of these policies which were in place across Australia for most of the 20th century,
and impacted badly on generations of Indigenous Australians, Mr Calma said.
The significant size of Mr Trevorrows compensation appropriately recognises the seriousness of the
harm and suffering these removal policies caused no matter how well intentioned they may have
been.
The fact that Mr Trevorrow was the only child to be removed from his family allows us to make the
stark comparison between his tragic life history of lost identity and opportunity, with that of his siblings.
It is also a poignant reminder of the arbitrary way in which governments implemented their child
removal policies.
Last year Commissioner Calma congratulated Tasmania for being the first jurisdiction in Australia to
legislate to provide compensation to the Stolen Generations and their families. It legislated to create a
$5 million fund to provide payments to eligible members of the Stolen Generations and their children.
The Tasmanian Governments actions put out the challenge to other governments across the country
to follow suit to deal with this aspect of Australias unfinished business in a fair and just manner, Mr
Calma said.
HREOCs 1997 Bringing them home Report found that the forcible removal of Indigenous children
was a gross violation of their human rights. It recommended that a national compensation fund be
established so people would not have to go to the courts to be compensated for the wrongs done to
them.
In this, the 10th anniversary year of the release of the Report, HREOC reiterates its call for reparations
and compensation to the Stolen Generations and their families.
I would urge the Ministerial Council for Aboriginal and Torres Strait Islander Affairs (MCATSIA) to
continue its work monitoring and reporting on the implementation of the reports recommendations and
to collegiately establish a national reparations and compensation scheme, Mr Calma said.
Australian governments have cherry-picked recommendations from the Report, but we are still waiting
for an accessible, fair and just national compensation scheme, as well as the all-important, and longoverdue, national apology from the Australian Parliament.
72
Focus questions
1. Is Mr Treverrows case the first case in regards to forced removals to be heard in Australian courts?
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2. Does the outcome of this case mean that Aboriginal people who were forcibly removed as children
will be compensated in South Australia? Why/ Why not?
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3. Were the laws around removal of Aboriginal children the same or different in the various states and
territories of Australia? (You may need to research this answer).
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73
7.
Using sources
In this activity, you will research and investigate the history of the separation of Aboriginal and Torres
Strait Islander children from their families in your local area. Teachers may wish to arrange with local
elders or Land Council representatives to come into the classroom and talk to students about local
Aboriginal communities and the Stolen Generation.
To discover more about your local history, you can use a range of different information sources.
1. Getting started
The aim of your research is to find out about what has happened in your area to see how national and
state processes impact on local spaces. Do a brief search on the internet for some information on
your area and its history. You should explore the early history of your area when was it discovered/
established; who are the important historical figures; who were/are the local Indigenous people?
After finding out the name of the local Indigenous people in your area, use a search engine to see if any
information is available online.
Where to look?
Government archives could help you out with information about your area. For instance, the National
Archives have begun an indexing project based on recommendations from the Bringing them home report.
The indexing project involves the identification and preservation of Commonwealth records relating to
Indigenous people and communities. There is an index to the names of Indigenous people contained in
the records. The name index contains:
names of Indigenous people
names of non-Indigenous people including relatives, missionaries, police, patrol officers and
teachers who were associated with Indigenous people, and
names of missions and institutions where Indigenous people were placed.
74
The indexing project covers records held by the National Archives in Canberra and Darwin primarily
concerning Northern Territory Indigenous peoples. The index also contains some entries about
Indigenous people from other states. To make an enquiry about a particular person or institution, you
can contact the National Archives by email or if you live nearby drop in.
For more information on the resources you can access via National Archives check out:
http://www.naa.gov.au/Publications/fact_sheets/FS169.html.
You can contact National Archives via the details below:
National Archives
Queen Victoria Terrace Parkes ACT 2600
Tel: 02 6212 3600
Fax: 02 6212 3999
Email: archives@naa.gov.au
Web: http://www.naa.gov.au/
State archives
State archives are also good sources of information. You can contact your state archives via the
contact details below.
ACT Government Territory Records Office
Customer Services and Information
GPO Box 158
Canberra ACT 2601
Tel: 02 6207 0194
Email: david.wardle@act.gov.au
Web: http://www.territoryrecords.act.gov.au/
75
3. Organising information
After you have made some decisions about your presentation it is time to organise the information you
have discovered.
A good way of doing this is breaking it up using the basic questions we all ask in research: when,
where, what, why, who and how.
Use the table below to organise your notes.
76
Questions
Your notes
When?
When did colonisation begin?
When was your town/suburb
established?
What happened?
What is the name of the
Indigenous people concerned?
What are the basic facts/stories?
Are there differences of opinion?
If so, what are these?
Who?
Who was the first European to
arrive in your area?
Who did it affect?
What people were involved?
Why?
Why were Indigenous children
removed?
Are there differences of opinion?
If so, what are they?
Other information
(this is where you write in information
that may not relate to the questions,
but that you still think is important)
77
78
The History
8.
79
Given the ACTs location in regional NSW and the continuation of NSW administration, there was no
real distinction between the ACT and the rest of NSW. The few Indigenous children who lived in the
ACT also came under the control of the NSW Protection Board.
Five years later, the Board told all station managers that all mixed-descent boys over 14 years must
leave the stations to work. Girls over 14 years either had to work or be sent to the Cootamundra
Training Home where they were trained in domestic services.
Even so, it was still difficult to implement the separation policy. For children under 14 years, the Board
had to prove to a court that the child was neglected before they could be removed. This process often
took a long time; often long enough for the family to leave the reserve or move to Victoria. The Board
requested extended powers.
These were granted in 1915. Under these laws, the Board now had total power to separate children
from their families without having to prove the child was neglected. In fact, no court hearings were
necessary. The manager of an Aboriginal station or a policeman on a reserve or in a town could also
order removal. The only way a parent could prevent the removal was to appeal to court.
A number of politicians strongly opposed this new law. The Hon P. McGarry said the laws allowed the
Board to steal the children away from their parents. Another referred to the laws as the reintroduction
of slavery in NSW.
The Kinchela Training Institution for Aboriginal Boys opened in 1918, and moved to Kempsey in 1924.
The United Aborigines Mission home at Bomaderry housed younger children and babies. The Board
regularly received complaints about the conditions in these institutions.
Welfare as assimilation
In 1937, the state governments met with the federal government to discuss a national assimilation
policy. The NSW Government responded by replacing the Aboriginal Protection Board with the
Aboriginal Welfare Board. Assimilation would now take place under welfare laws.
The powers of the new Board were not as strong. The Childrens Court had to be satisfied that a child
was neglected or uncontrollable before being removed. Parents also had greater rights of appeal.
The new Board also took responsibility for the placement of children from the ACT.
Neglect was defined to include destitution and poverty. These were constant features of most
Indigenous peoples lives, resulting from a history of colonisation. Aspects of Aboriginal lifestyle would
also be interpreted by non-Indigenous people as destitute or poor. The idea of neglect carried with it
assumptions about this lifestyle.
There were also other problems with this new approach:
Since most childrens courts were located far from most Indigenous communities, and because
parents had limited legal assistance, appealing against decisions was near impossible for most
parents.
It was still an offence for an Indigenous child to leave his/her employment or a home.
The parents were still prevented from contacting their children in homes and institutions.
Parents were often persuaded to consent to their child being taken away because it meant the
Board did not have to prove neglect.
It was not long before the new Board faced the same financial problems as the old one. The
institutions and homes were very costly to run, especially as the Indigenous population increased.
During the 1940s and 1950s, fostering and adoption became a more economic solution.
Working with the Child Welfare Department, the Board started placing the Indigenous children under its
care in foster homes. A childs skin colour often determined where the child was placed. The lighter the
skin, the more likely the child was to be fostered to non-Indigenous parents than placed in a home.
By 1958, 116 Indigenous children had been fostered, 90 of them with non-Indigenous families. In
1960, more than 300 Indigenous children were in foster homes in NSW. Adoption was also used in the
case of babies and much younger children.
In 1968 responsibility for placing Indigenous children in the ACT was transferred to the Commonwealth
Department of the Interior. This change marked an important shift in the policy for foster care.
Previously children from the ACT had been placed with unrelated families in NSW, leading to restricted
contact with their natural family. This meant that these placements in effect often became pseudoadoptions. After 1968, the practice of Commonwealth departments was to place children in residential
care in the ACT and attempt to reunite them with their families.
When the Aborigines Welfare Board was abolished in 1969, more than a thousand Indigenous children
were living in homes, institutions or with foster parents. Almost none of them were being raised by
other Indigenous people, let alone by their own families.
81
Towards self-management
From the mid-1970s, the NSW Government began involving Indigenous workers in the process of
removing and placing Indigenous children. This was the beginning of a shift towards Indigenous people
being involved in decisions that affected the lives of their children.
In 1987, the NSW Government adopted the Aboriginal Child Placement Principle. Under this, an
Indigenous family must be the preferred placement for an Indigenous child in need of alternative care.
This is now included in the main child welfare laws.
Following the implementation of self-government in 1989, responsibility for the placement of
Indigenous children in the ACT passed to the ACT Department of Family Services.
Links
Significant Aboriginal Events in Sydney from the Barani Website:
http://www.cityofsydney.nsw.gov.au/barani/themes/theme6.htm
History of the Worimi People NSW from Tobwabba Art Online:
http://www.tobwabba.com.au/worimi/
82
The History
8.
Northern Territory
Note: This overview is based primarily on the Bringing them home report and provides
a background to the policies and practices that authorised the removal of Aboriginal
and Torres Strait Islander children from their families. It is not intended to be used as a
comprehensive historical document.
Segregation of half-castes
The growing number of mixed-descent children in the Northern Territory and the sexual exploitation of
young Indigenous women by non-Indigenous men began to cause public concern. The governments
immediate response was to take these children away from the communities in which they were living
and place them in the care of missions. This was the first step in legal segregation of Indigenous
people based on whether they were full-bloods or of mixed descent.
By 1909, the half-caste population was estimated at 200. The significant number of mixed-descent
children since settlement was due to the few non-Indigenous women living there. However, it was
not until this period that non-Indigenous people feared being out-numbered by a mixed-descent
population. For the government, the answer lay in a policy of segregation through reserves and
compounds.
In 1910, the Northern Territory Aboriginals Act 1906 was passed, establishing the Northern Territory
Aboriginals Department. The Chief Protector, a position created under the law, was appointed the
legal guardian of every Aboriginal and every half-caste child up to the age of 18 years. When the
83
Commonwealth took control over the Territory in 1910, it confirmed these laws. This would provide the
means through which segregation could be legally achieved.
In town areas, compounds were established to contain all Indigenous people. They were required to
undertake farming to make their compound self-sufficient. The first of these, the Kahlin Compound,
was set up outside Darwin in 1913. Those living in rural areas were removed to stations, which were
under the control of a Superintendent. Similarly, they were trained in industrial and farm work.
In 1918, the Chief Protectors powers were extended. Under the Aborigines Ordinance 1918, all
Indigenous females (regardless of age) were under the total control of the Chief Protector unless they
were married and living with a husband who is substantially of European origin. To marry a nonIndigenous man they had to obtain the Chief Protectors permission.
During the 1920s, the pace of removals increased rapidly. An immediate result of this was severe
overcrowding in places already in poor condition. Overcrowding was a particular problem at the Kahlin
Compound and The Bungalow (near Alice Springs).
The Methodist Missionary Society offered to relocate the children living on the Kahlin Compound to a
mission on Goulbourn Island. The proposal was declined because it threatened the availability of cheap
domestic labour from the Compound. Instead, in 1924, a new building was occupied next door for the
girls and younger boys. It was known as the Half-Caste Home.
Within four years, the Half-Caste Home had also reached critical overcrowding levels, with 76 inmates
living in a house large enough for one family. In 1931, the boys were moved south to Pine Creek.
Meanwhile, at The Bungalow, 50 children and 10 adults were living in three exposed sheds. Referring
to conditions at The Bungalow, a newspaper gave the following report in 1924:
At the Alice Springs bungalow the appearance of everybody and everything convicts the
Home and Territories Department of the progressive destruction of 50 young promising
lives and souls.
When conditions there reached crisis point in 1928, the children were moved to a temporary home
at Jay Creek. This home consisted of a corrugated iron shed and two tents for staff. The children
suffered from a severe water shortage, extreme cold in the winter and lack of protection from the rain
when it came.
In spite of these conditions, 132 children were again living at The Bungalow by 1935.
84
When Dr Cecil Cook was appointed Chief Protector in 1927, he was wholly unsupportive of the
missions. This was partly because of the poor conditions. More importantly, Cook had a similar vision
of assimilation as West Australian Chief Protector A.O. Neville. Cook supported biological assimilation.
Generally by the fifth and invariably by the sixth generation, all native characteristics of
the Australian aborigine are eradicated. The problem of our half-castes will quickly be
eliminated by the complete disappearance of the black race, and the swift submergence
of their progeny in the white.
Genetics and breeding out race was Cooks key to assimilation. The missions, who were more
concerned with education and protection, threatened his vision. Instead, Cook relied on the
compounds and homes as a means of segregating and controlling the development of Indigenous
children.
Cooks vision, however, ignored the critical and dire state of these compounds and homes. Conditions
at Temple Bar, the Half-Caste Home and The Bungalow had not improved. Cook was forced to admit
to the situation when complaints were presented about these homes to the Commonwealth-State
Conference on Indigenous Affairs in 1937.
Even so, he continued to defend his policy. Cook argued that everything necessary [must be done] to
convert the half-caste into a white citizen.
85
to manage his own affairs, his standard of social habit and behaviour, his personal associations
stands in need of personal care. People who were made wards were denied the most basic human
rights concerning their person and property.
Many non-Indigenous people expressed concern about this new law, fearing their children would be
removed. In response, the terms were narrowed so that only those who had no voting rights could be
made wards. At this stage, most Indigenous people could not vote. Further, the lack of proper housing
and welfare benefits directed to Indigenous people meant they were more likely to fall within the
definition of a ward.
Gradually, the government began to move away from removing children to institutions and missions.
In 1955, it decided that Indigenous children should ideally be transferred to one of the southern states
where conditions in the institutions and homes were much better. This scheme began in 1956, and
within four years 63 children had been relocated to the southern states.
Towards the end of the 1960s, children were increasingly placed into foster care instead of institutions
and homes, which were quickly closing down. In 1971, 97 percent of Territory children in foster care
were Indigenous.
Towards self-management
The assimilation policy was formally abolished by the Commonwealth Government in 1973, in favour of
self-management by Indigenous people.
In 1979, an independent community-controlled child-care agency was established. Karu, the new
agency, received financial support to recruit Indigenous foster parents, and reunite Indigenous children
and families. By this time, there was a marked decrease in the number of Indigenous children taken
into government care.
The Northern Territory was the first to adopt the Aboriginal Child Placement Principle when it did
so under the Community Welfare Act 1983. Under this, an Indigenous family must be the preferred
placement for an Indigenous child in need of alternative care. The Principle has also been included in
the Adoption of Children Act 1994.
Links
National Archives of Australia Collection: Indigenous Peoples:
http://www.naa.gov.au/the_collection/indigenous_records.html
86
The History
8.
Queensland
Note: This overview is based primarily on the Bringing them home report and provides
a background to the policies and practices that authorised the removal of Aboriginal
and Torres Strait Islander children from their families. It is not intended to be used as a
comprehensive historical document.
Early contact
In 1797 the explorer, Matthew Flinders, led an expedition by sea to Moreton Bay and landed at
Redcliffe. The area was not settled until 1824, when Redcliffe was set up as a penal outpost of New
South Wales. In the following year, the settlement moved to Brisbane.
As a penal colony, there was little initial conflict between the colonisers and Indigenous populations.
However, the growth of a free settlement from 1842 brought contact that soon escalated into extreme
violence. This included the poisoning of Indigenous people at Kilcoy Station by settlers (1842) and
attacks on Indigenous camps at Breakfast Creek (1860).
the aboriginal inhabitants are treated exactly in the same way as the wild beasts or birds the settlers
may find there Their goods are taken, their children forcibly stolen, their women carried away,
entirely at the caprice of the white men.
(Queenslander, 1883)
While the government condemned these activities, it left protection of Indigenous people to the
missionaries. Land was reserved for them and was controlled by the missions.
The Torres Strait Islands were settled by fishermen from Sydney and New Caledonia and by
missionaries. During the 1860s, fishing outposts were set up on the islands, bringing forced labour,
violence and abductions to Torres Strait Islander communities. A number of violent clashes broke out
between the Islanders and shipping merchants.
In 1871, the London Missionary Society set up operations on Darnley and Dauan Islands, later
expanding across to the other islands. The missionaries played a leading role in putting an end to the
cycle of warfare, exploitation and abductions on the islands.
A settlement was eventually established on Thursday Island in 1876, and the islands were made part
of Queensland by the Colonial Parliament in 1879. This was achieved without any consultation with the
Torres Strait Islander people.
87
control to remove Indigenous people to reserves and to separate children from their families. All that
was needed was administrative approval from the Minister. There was no court hearing.
The Act also allowed orphaned and deserted mixed-descent children to be removed to an orphanage.
Assimilation
Bleakleys term came to an end in 1942, when he was replaced by Cornelius OLeary as Director of
Native Affairs.
By this time, the Queensland missions were pleading for more funds to address the derelict housing,
constant food shortages, unsafe water supplies, and high rates of illness and death. The situation was
quite serious on some missions (Mapoon, Aurukun and Yarrabah) where Indigenous residents resorted
to protest. At Yarrabah, the missions response was to force the protesters to leave, most joining a
shanty camp near Cairns. Similar conditions existed on the government settlements.
With the new Director came a change in government policy. OLeary promoted a policy of assimilation
through education and housing. In 1965 the government acted on this by passing the Aboriginal and
Torres Strait Islanders Act 1965. Indigenous people regained guardianship of their children. Even so,
the Director could still order the compulsory removal of people, including children, between reserves.
88
The new law also introduced the concept of assisted person. Every Aboriginal or Torres Strait Islander
living on a community or mission was classed as an assisted person. They were required to hold a
certificate of entitlement in order to remain on the mission or settlement.
Under the Act, 105 regulations were made to deal with all forms of behaviour control. For example,
Regulation 70 allowed the use of dormitories as places of detention for any male or female who
commits an offence against discipline. Such an offence included escaping or attempting to escape
from a reserve or settlement.
In terms of conditions on the missions and settlements, the government did little to respond to pleas
for further funding. Instead, it looked at ways to cut spending on Indigenous affairs. One proposal
was to put as many light-skinned children as possible up for adoption and force others into the nonIndigenous community.
The situation was slightly different for Torres Strait Islanders. In the early 1960s, the once successful
marine industry on the Torres Strait Islands collapsed, leaving many Indigenous Islanders out of work.
Many were reliant on low wages to meet the cost of living. As a result, many left the islands and settled
on the mainland.
A program, in the name of assimilation, was established in 1967 to employ liaison officers to monitor
hygiene practices and social habits. They inspected Indigenous homes, policed truancy and assisted
in dealings between the police and Indigenous people. While this meant some assistance in holding
families together, it also meant that Indigenous families were under increased surveillance.
By the 1960s, Indigenous people were under increased observation from the government. In 1959,
Director OLeary declared: We know the name, family history and living conditions of every aboriginal
in the State.
Towards self-management
With growing numbers of Indigenous people living off the missions and settlements, the camp
communities grew in number and size some were even shanty towns. The low wages they received,
compared to wages received by non-Indigenous workers, made housing unattainable for most
Indigenous farmhands. For many, the camps and shanty towns were the only alternatives.
Local councils would react to the presence of camps in their area by demolishing huts and forcing
people to move elsewhere. When they resettled, the process simply repeated itself. Many children
suffered poor health in these conditions, particularly from having no established home. They were then
at risk of being declared neglected and removed.
The 1965 assimilation law was replaced with the Aborigines Act 1971 and the Torres Strait Islanders
Act 1971. Both of these laws abolished the Directors power to remove children. By this stage, one-half
of children in welfare institutions in north Queensland were Indigenous children.
In 1975, a Commission of Inquiry into the Nature and Extent of the Problems Confronting Youth in
Queensland noted the negative effects of placing Indigenous children in non-Indigenous institutions.
The Inquiry recommended that alternative means of child care be considered and that Indigenous staff
be employed. This was the beginning of a shift towards Indigenous people being involved in decisions
that affected the lives of their children.
In 1984, the Queensland Government adopted the Aboriginal Child Placement Principle. Under this, an
Indigenous family must be the preferred placement for an Indigenous child in need of alternative care.
This is now included in the main child welfare and adoption laws.
89
The History
8.
South Australia
Note: This overview is based primarily on the Bringing them home report and provides
a background to the policies and practices that authorised the removal of Aboriginal
and Torres Strait Islander children from their families. It is not intended to be used as a
comprehensive historical document.
Early settlement
Like Western Australia, South Australia was originally set up as a free settler colony. Plans to settle the
region were discussed in Britain and organised under the South Australian Land Company. The first
colonisation fleet arrived from England in 1836, carrying some 200 emigrants. Some of the first settlers
also came from Germany.
South Australia was settled at a time when more humanitarian principles of colonisation were dominant
in England. This is reflected in the intentions of those who founded the colony. The Foundation Act of
South Australia, for example, stated:
Nothing in these our Letters Patent shall affect or be construed to affect the rights of any Aboriginal
Natives to the actual occupation or enjoyment of any lands therein now actually occupied or
enjoyed by such Natives.
South Australias first Governor, Hindmarsh, placed less importance on these rights. Within the early
years of settlement, only a few small areas of land were reserved for Indigenous people. Even so, the
colonisers did seek to protect the rights of the Indigenous population. They did so through a system of
protectionism and reserves.
Under the Aboriginal Orphans Ordinance 1844, the Protector of Aborigines was appointed legal guardian
of every half-caste and other unprotected Aboriginal child whose parents are dead or unknown. The
same law allowed Indigenous children of a suitable age to be sent to work so long as their parents
agreed. Indigenous boys were sent to work in Adelaide industries, while the girls became domestic
servants. The apprenticeship scheme was unsuccessful, as most children returned to their families.
Schools were also set-up for Indigenous children, including the Native Location School for Aboriginal
Children set up by the Evangelical Lutheran Missionary Society in 1839. While these schools were
established with good intentions, they were soon used to force Indigenous children away from their
families. At one stage, the governments annual distribution of blankets to Indigenous people on the
Queens Birthday was suspended for every Indigenous adult unless they had a child in school.
Despite early attempts at protectionism, the pattern of violence and dispossession of Indigenous
people repeated itself in South Australia. Matthew Moorhouse, Protector from 1839 until 1856, himself
presided over a massacre of 30 Indigenous people in 1841. In 1856 the Office of Protector was
abolished, and by 1860, 35 of the 42 reserves set aside for Aborigines had been leased to settlers.
From then until 1881 when another Protector was appointed, the protection of Indigenous people
was left entirely to missionaries. Most of the remaining reserves, such as Poonindie in the south, were
converted to mission land. The missions also started to purchase Crown land to set up missions for
Indigenous communities. Schools were set up on the missions to educate Indigenous children and
distance them from family and community influences.
The reason why it is desirable to have boarders at all is, to withdraw the youth of the
tribes from the contaminating and demoralising influence of the vile practices carried on
at the wurleys
George Taplin, teacher and missionary, 1860
(as quoted in Mattingly & Hampton,
1987: Survival in Our Own Land: Aboriginal Experiences in South Australia.)
90
During this time, the government effectively condoned the forcible removal of Indigenous children from
their families by its inaction. In 1881, another Protector was appointed.
91
Also, in 1954, the Aborigines Protection Board began placing Indigenous children in non-Indigenous
foster homes in preference to institutions or missions. Again, this was part of assimilating Indigenous
people into the general community.
The Boards guardianship of Indigenous children finally ended with the Aboriginal Affairs Act 1962.
However, the numbers of Indigenous children being removed for reasons of lifestyle or poverty under
the general child welfare law did not decrease.
Towards self-management
In 1967, Indigenous children started to be fostered out to Indigenous families. By this stage, 157
Indigenous children were in non-Indigenous foster homes, compared with the 26 who were living with
Indigenous families. A further 123 children were living in hostels or institutions.
In 1978, the South Australian Aboriginal Child Care Agency was established to provide input into
decisions about the welfare of Indigenous children. Another of its roles was to redress the injustices
that were occurring within the government welfare field. The main concern was that culturally
appropriate (and preferably Indigenous) care be provided to these children.
Five years later, the Aboriginal Child Placement Principle became the official policy of the welfare
department. It was later included in the Adoption Act 1988 and Childrens Protection Act 1993. Under
the Aboriginal Child Placement Principle, an Indigenous family must be the preferred placement for an
Indigenous child in need of alternative care.
92
The History
8.
Tasmania
Note: This overview is based primarily on the Bringing them home report and provides
a background to the policies and practices that authorised the removal of Aboriginal
and Torres Strait Islander children from their families. It is not intended to be used as a
comprehensive historical document.
93
The Government sought to control the lifestyle of the people on Cape Barren Island and force them to
become self-sufficient. To this end, the Cape Barren Island Reserve Act 1912 was passed. It provided
that unless the residents of the Island constructed dwellings and cultivated the land, they would lose
their right to occupy the land. Ten years later, very few of the Islanders had complied with the Act.
The Secretary of Lands also wanted to remove the children on Cape Barren Island and appoint a
manager to oversee the lands development. He received legal advice saying that any removal of
children from parents without consent would be against the law.
Assimilation
The Tasmanian Government did not formally adopt a policy of removing Indigenous children. This
was partly because of the severe reduction of the Indigenous population since colonisation and their
removal to Flinders and Cape Barren Islands. Even so, other policies and practices were used to
remove Indigenous children. By the late 1920s, proposals to remove children started appearing in
government reports.
A 1929 report highlighted the impoverished living conditions of the Cape Barren Islanders and found
that many children were suffering from sickness, including malnutrition. Amongst other things, the
report recommended that once children completed school they should be encouraged to leave the
Island and the influence of their family.
The government responded by appointing the head teacher on Cape Barren Island to the position of
special constable. This gave him the power to remove a child for neglect under the child welfare laws.
Fearful of losing their children, many Indigenous families left the Island for mainland Tasmania.
Another inquiry in 1944 found that the Indigenous population had dropped to 106. It noted that their
health was deteriorating, particularly because they were dependent on outside sources of food. Initially,
the government strictly encouraged the Islanders to farm the land, making it a condition of holding any
land on the island. This approach failed and the reserve land went back to the government. Rather
than choosing to assist families living in poverty, the government demanded they move to the mainland
or risk having their children taken.
From the 1950s, officials increasingly removed Indigenous children to mainland Tasmania using the
child welfare laws the Infants Welfare Act 1935 and the Child Welfare Act 1960. Children could
be removed if they were judged by a court to be neglected. Although the laws allowed parents to
appear in court to challenge the decision, the remoteness of the islands from the mainland made this a
practical impossibility.
Under these laws, parents could also be charged with the criminal offence of neglecting a child and
sentenced to imprisonment. Once the parents were imprisoned, their other children would also be
removed.
When removed, Indigenous children were usually fostered out to non-Indigenous couples or sent to
homes where most of the other children were non-Indigenous.
Towards self-management
During the 1970s, the government began acknowledging the existence of an Indigenous population
entitled to assistance. The government also acknowledged the relationship of colonisation to the
disadvantages suffered by Indigenous people in Tasmania.
By 1970, 20 Indigenous children were studying by scholarship on mainland Tasmania. While studying,
they lived in accommodation approved by their families. The parents were, however, still concerned
that the children might be removed permanently.
94
In 1973, the government established the Aboriginal Information Service (AIS). This service provided
legal representation for Indigenous children and parents in neglect cases and juvenile justice matters. It
went some way to reducing the number of removals occurring through child welfare and criminal laws.
The AIS is now called the Tasmanian Aboriginal Legal Service.
In 1984, the Tasmanian Government adopted the Aboriginal Child Placement Principle. Under this
Principle, an Indigenous family must be the preferred placement for an Indigenous child in need of
alternative care. This is now incorporated into the activities of Tasmanias Social Welfare Department.
Links
Frog and Toads Indigenous Australia
http://www.frogandtoad.com.au/aboriginies/land5.html
95
The History
8.
Victoria
Note: This overview is based primarily on the Bringing them home report and provides
a background to the policies and practices that authorised the removal of Aboriginal
and Torres Strait Islander children from their families. It is not intended to be used as a
comprehensive historical document.
Colonial settlement
In 1834, settlers from Tasmania travelled across the Bass Strait to Portland Bay in search of new
farmland. A year later, John Batman signed a treaty with Indigenous leaders in the Port Phillip Bay
area, giving him ownership of almost 250,000 hectares of land. The legality of this treaty was even
questioned by the NSW Governor of the time.
Interaction between settlers and Indigenous people was officially discouraged and a policy of
segregation was adopted. This involved establishing reserves and encouraging Indigenous people to
settle down to a life of farming. These reserves were mostly run by missionaries, who also established
schools designed to pull Indigenous children away from tribal influences.
In 1860, the Central Board Appointed to Watch over the Interests of Aborigines was established. The
Central Board was responsible for managing the reserves, including two larger ones at Framlingham
and Coranderrk. Each reserve usually had a school and separate living quarters for the children.
During this time, the removal of Indigenous children was informal and not authorised by law. The
manager of Coranderrk Reserve would travel around Indigenous communities removing neglected
children without any legal authority.
The Board continued to make regulations that extended its powers of removal. If families refused to
consent to the removal of their children, they were threatened with being forced to leave the station or
being denied rations.
Between 1886 and 1923, the number of reserves in Victoria dropped from six to one. All Indigenous
people who wished to receive assistance from the Board had to move to Lake Tyers, the only staffed
institution after 1924. The decline in reserves meant the Board could cut costs. However, it could only
do this by forcing mixed-descent children off reserves and into schools or work.
A growing underclass
In 1957, less than 200 Indigenous people were reported as living in Victoria. This was based on
the number of people living on the reserve at Lake Tyers. Based on these figures, the Victorian
Government refused to attend the national conference on the Aboriginal problem.
Of course, there were many Indigenous people living off the reserve whether by force or choice.
Those not living on the Lake Tyers reserve were denied any welfare assistance from either the
government or the Board. Facing hostility from the non-Indigenous community, they moved into shanty
towns on the outskirts of country towns or the sites of former reserves. Indigenous communities grew
in the Goulburn Valley, East Gippsland and along the Murray River. Many also moved to Melbourne.
Although the Board continued to have power over Indigenous children generally, it was only concerned
with the people at Lake Tyers. Despite this, the removal of Indigenous children from their families
continued largely informally and by private means.
Between 1887 and 1954, private welfare agencies and individuals were authorised to remove
Indigenous children if they suspected the child was neglected. They could assume guardianship
of them or send them to an institution. In 1957, there were at least 68 institutions managed by 44
different private agencies.
As these removals were informal and private, they were very difficult to control. Often, what was
temporary assistance agreed to by the parents ended up being the start of an irreversible removal
process. The government found it difficult to keep track of these removals, making it near impossible
for parents to locate their children.
Adoption laws were also used by individuals to remove children. The Victorian Adoption of Children
Act 1928 allowed anyone to arrange an adoption, so long as the mother consented. Some Indigenous
parents would later find out they had unknowingly agreed to give up their children, when they thought
they were placing them in temporary care.
Assimilation
In 1955, the newly elected Premier appointed Charles McLean to review and recommend changes
to the states Aboriginal affairs policy. Soon after his appointment, McLean reported back on the dire
conditions in which many Indigenous people lived:
On these two areas [at Mooroopa] live about 59 adults and 107 children, in most squalid
conditions. Their humpies are mostly constructed of old timber, flattened kerosene
tins, and Hessian They are not weatherproof, have earthen floors, very primitive
arrangements, and no laundry or bathing facilities except for the river
The Aborigines Advancement League expressed their concerns to McLean about the physical and
cultural future of Indigenous people. They also advocated self-government for the communities.
McLean rejected these claims and called for a policy of assimilation instead.
97
McLeans recommendations were taken up by the government. In 1957, the Aborigines Act 1957 was
passed. Under this new law, the Board was given no specific power in relation to Indigenous children.
However, the Board could inform the police that it was concerned about a particular child, and thereby
initiate removal.
It was the police who had most power to remove Indigenous children. Until 1985, the Victorian police
were empowered to forcibly remove Indigenous children under the Child Welfare Act 1954. While
the McLean inquiry was going on, police suddenly took action to remove children from Indigenous
communities in Gippsland, the Western District and the Goulburn Valley.
During 1956 and 1957 more than 150 children were living in government-run childrens institutions.
This is more than 10 per cent of Indigenous children in Victoria at that time. The great majority of these
had been removed by the police.
In 1969, the Aboriginal Affairs Act 1969 was changed so that police had to notify the government
whenever an Indigenous child was being removed.
Self-management
Following the 1967 referendum, the Commonwealth Government entered into the field of Aboriginal
Affairs. This led to a review of Victorias policies on Indigenous people, as well as disagreement within
the Victorian Aborigines Welfare Board.
The first change came that year with the Aboriginal Affairs Act 1967 and the appointment of a Minister
for Aboriginal Affairs. The Act enabled the Minister to review existing laws and policies on Indigenous
people living in Victoria. Within the first year, the Minister expressed concern about unauthorised
fostering arrangements of Aboriginal children. He stated that at least 300 Indigenous children were
informally separated from their parents, with possibly many more unknown.
Despite this change, the number of Indigenous children forcibly removed continued to rise from 220
in 1973 to 350 in 1976.
Real change came with the establishment of Indigenous-operated community services. These
included:
Victorian Aboriginal Legal Service Cooperative (appearing for Indigenous children in court)
Victorian Aboriginal Child Care Agency (opened in 1976).
The efforts of these Indigenous-operated organisations resulted in a 40 per cent reduction in the
number of Indigenous children in homes as early as 1979.
In 1979, the Victorian Government adopted the Aboriginal Child Placement Principle. Under this, an
Indigenous family must be the preferred placement for an Indigenous child in need of alternative care.
This is now included in the main child welfare and protection laws.
Links
Information on the Coranderrk Reserve
http://www.museum.vic.gov.au/encounters/coranderrk/index.htm
Museum of Victoria Hidden Histories (oral histories of Indigenous people in Victoria)
http://www.museum.vic.gov.au/hidden_histories/histories/
98
The History
8.
Western Australia
Note: This overview is based primarily on the Bringing them home report and provides
a background to the policies and practices that authorised the removal of Aboriginal
and Torres Strait Islander children from their families. It is not intended to be used as a
comprehensive historical document.
99
Prinsep believed that Indigenous children of mixed descent who grew up with their Indigenous
families would become vagrants and outcasts and not only a disgrace, but a menace to society.
Neither Prinsep nor his Department had the power they wanted to remove Indigenous children.
Instead, Prinsep sought to persuade parents to part with their children. To achieve this, he requested
information from local protectors on any half-caste children who could be persuaded to enter one of
the existing institutions.
Not surprisingly, most mothers refused to give up their children, so Prinseps plans met little success.
He then proposed the extension of his powers so he could remove children forcibly and without
parental consent.
At the same time, the government was conducting an inquiry into Indigenous affairs, headed by Dr
W.E. Roth. Speaking in 1904, Roth noted the most brutal and outrageous state of affairs, in which
Indigenous people were exploited, brutally controlled and malnourished. Roths recommendation was
for the Chief Protector to become the legal guardian of these children and that a process of removal be
established.
Both Prinseps desire for extended power and Roths recommendations were answered with the
Aborigines Act 1905. The Chief Protector was now the legal guardian of every Aboriginal and halfcaste child under 16 years.
The missions in WA supported the views of Prinsep and Roth. In 1906, the missionaries at Beagle Bay
requested that the police round up Indigenous children living in and around the north-west towns and
send them to the mission.
As soon as possible, children can be removed from the adult camp and the nomadic ways
of their parents, and be housed in dormitories on mission premises to be educated at
school and in trades.
(Father George Walter, Superior at Beagle Bay Mission, 1906)
Chief-Protector Neville
Protests from the non-Indigenous population about the presence of Indigenous camps near towns
in the South led to a new plan for Indigenous resettlement. The plan was to establish isolated selfcontained native settlements run by the government, though largely supporting themselves.
One of the main supporters of this new plan was A.O. Neville, the new Chief Protector appointed in
1915. Neville, or Mr Devil as he became known to many Indigenous people, saw the settlements as
a way of merging mixed-descent children into the non-Indigenous society. They were to be physically
separated from their families on the settlements, receive a European education, be trained in domestic
and stock work, and then sent out to work.
Many of the missions were soon converted into self-supporting stations. The first of these was at
Carrolup in the south, soon followed by the nearby Moore River settlement in 1918. By converting the
missions to self-supporting stations, the government could also cut back on funding these institutions.
Indigenous families were not willing to move to these settlements. Many had already found work
for wages in their local area instead of the payment by rations offered on the settlements. They also
feared their children would be separated from them on the settlements. However, some moved to the
settlements fearing their children would be removed permanently. As in the past, threats of reduced
rations convinced families to move.
Between 1915 and 1920, at least 500 Indigenous people, about a quarter of the Indigenous population
in the south, had been removed to settlements. By 1927, the Moore River Settlement alone had 300
inmates.
100
By the 1930s, Neville started to use the language of genetics to promote the settlements and argued
for biological assimilation. The key issue to Neville was skin colour. He believed that once half-castes
were sufficiently white in colour, they would become like white people. To achieve this, two things were
necessary:
the separation of Indigenous children from their families so they could be prepared for nonIndigenous society
breeding between Indigenous and non-Indigenous people.
Of course, Nevilles vision contrasted with the reality of life in the under-funded settlements, which were
in poor condition. Also, while many non-Indigenous people thoroughly supported the segregation of
Indigenous people, they were not so supportive of Nevilles biological assimilation.
At this time, allegations of slavery and mistreatment of Indigenous people appeared in the local and
international press. This forced the government to start a Royal Commission into the conditions of
Indigenous people in WA. An overwhelming amount of evidence was put to the Royal Commission that
criticised the settlements and removal policy.
Nevilles response to these attacks on his policies was to argue that removal was in the best interests
of Indigenous children. The Royal Commission was so impressed with Nevilles response and views
that they recommended an extension of his powers. The government took this up and passed the
Native Administration Act 1936. This law effectively gave him control over all people of Indigenous
descent, whether of full or part descent and regardless of their lifestyle.
Assimilation
When Neville retired in 1940, the government slowly began to move away from Nevilles policy. The
new Commissioner for Native Affairs, Stanley Middleton, argued that isolating children of mixed
descent on run-down government settlements was not the way to achieve assimilation. One of the first
things Middleton did was return many settlements to the missions, and increase funding for missions in
the north.
Another aspect of this new assimilation policy was that Indigenous children were accepted into the
state schools from the early 1950s. While attending school, they stayed on settlements or at missions,
with an opportunity to visit their families during holidays if they had a suitable home to go to. In many
cases, however, their parents homes were not deemed suitable, or it was simply too expensive
to travel the distance. In 1958, it was estimated that 25 percent of Kimberley children were living in
missions.
In 1954, the Commissioners power to remove children was abolished by the Native Welfare Act 1954.
Even so, he remained the legal guardian of all Indigenous children. From this time, Indigenous children
were more likely to be removed under the Child Welfare Act 1947. While this law required a courts
approval for removal, that requirement made little difference to the numbers removed in practice.
Between 1958 and 1961, the number of Indigenous children committed to government care more than
doubled.
Towards self-management
The Department of Native Welfare was finally abolished in 1972. At the time, there were 3,099
Indigenous people in institutions, most of whom were children. This figure represented one in every ten
Indigenous people in the state.
Reform began in the late seventies and early eighties. In 1980, the Aboriginal Child Care Agency
was established in Perth, later replaced by the Yorganop Child Care Corporation. Also, in 1985,
the Aboriginal Child Placement Principle was adopted as policy by the Department of Community
101
Services, which was now responsible for the welfare of Indigenous children. Under the Aboriginal Child
Placement Principle, an Indigenous family must be the preferred placement for an Indigenous child in
need of alternative care.
These reforms showed some movement towards change and community involvement in child welfare.
A review of the Department in 1989 showed a 58 per cent reduction over the previous five years in
the number of Indigenous children in foster care. The review also indicated that most of these children
were placed with Indigenous caregivers, mostly relatives.
Links
A History of the Swan River Colony (Teaching Materials)
http://www.members.iinet.net.au/~rchapman/SwanRvr/Colony/colindex.htm
102
The laws
8.
1810s
1880s
1890s
103
Decade
1900s
Definitions
aborigine any full blooded aboriginal
native of Australia, and any person
apparently having an admixture of
aboriginal blood who applies for or is in
receipt of rations or aid from the Board
or is living on a reserve
neglected child a child found by
the court to be neglected under the
Neglected Children and Juvenile
Offenders Act 1909
Key Provisions
Duty of the Board to provide for the
custody, maintenance and education of
the children of aborigines. Board may
apprentice the child of any aborigine or
neglected child of any person apparently
having an admixture of aboriginal blood
in his veins subject to the Apprentices
Act 1901.
104
Decade
105
Decade
1910s
1920s
106
Decade
1930s
Definitions
Definitions
Key provisions
Key provisions
Where a court finds that a child is
neglected it may release the child on
certain conditions; commit the child
to the care of the Minister to be dealt
with as a State ward or commit the
child to the care of an institution. The
Minister of Child Welfare is the guardian
of every child...who becomes a ward
to the exclusion of the parent or other
guardian. Minister may direct the
removal or transfer of any ward; remove
any child from any charitable institution,
depot, home or hostel and cause him/
her to be apprenticed, boarded out,
placed out or placed as an adopted
boarder. An adoption order may be
made if it promotes the welfare and
interests of child. Parents or guardian
must consent to adoption but consent
may be dispensed with where the court
deems it just and reasonable to do so.
Amended by
Child Welfare Amendment Act 1961
where payment of maintenance for child
who is an inmate of a charitable depot,
home or hostel has not been paid for
16 months, the child may be admitted
to State control and the person in charge
of the charitable depot, home or hostel
deemed to be the childs foster parent.
107
Decade
1940s
108
Decade
109
Decade
1980s
110
The laws
8.
1880s
1900s
111
Decade
112
Decade
1940s
1950s
Definitions
113
board out place in care of person for purpose of being nursed, maintained, trained
or educated by that person or in that persons home
child a person under 16
young person a person under 18
neglected child a child who wanders about with reputed thieves or persons who
have no visible lawful means of support; has no visible lawful means of support or no
fixed place of abode; habitually wanders about in a public place with no ostensible
occupation or habitually sleeps in the open air in a public place; without reasonable
excuse not provided with sufficient or proper food, nursing, clothing, medical aid or
lodging or who is ill treated or exposed; whose parents are drunkards; is living in
conditions that indicate lapsing or likely to lapse into a life of vice or crime; is under
incompetent or improper guardianship; is destitute; whose parents are unfit to
retain the child in their care; who is falling into bad associations or exposed to moral
danger; or who without lawful excuse does not attend school regularly
ward includes a child admitted to government control, committed to an institution
or admitted to a hostel
Key provisions
Where a court commits a child or young person to the care of the Minister on the
ground that the child is neglected, or a parent has consented to the admission of a
child or young person to government control, the child may be apprenticed, boarded
out, placed out or placed as an adopted boarder. The court may also commit a
neglected child to an institution. If a child committed to an institution may be removed
to NSW for detention and maintenance in a State institution. The Minister is the
guardian of wards.
Amended by
Child Welfare Amendment Ordinance 1979 (Cth) removed powers of Minister
to place a ward as an adopted boarder or apprentice. Minister to provide
accommodation and maintenance for child admitted to government control. Minister
may revoke an admission to government control on the application of a relative.
Repealed by Childrens Services Ordinance 1986 (Cth)
Infants Custody and Settlement Ordinance 1956 No. 2 (Cth)
Repealed Infants Custody and Settlements Act of 1899 (NSW). A court may, upon the
application of a parent, make such order as it thinks fit regarding the custody of the
infant. Where the court is of the opinion that a parent has abandoned, neglected or
deserted an infant; so conducted himself/herself that custody should be refused; or
the tender age of the infant of his/her state of health render it expedient he/she should
remain with his/her mother or some other person then court may decline application
for custody. Where a parent has abandoned, deserted or neglected an infant, the
parent must satisfy the court that he/she is a fit person to have custody. Where the
court is satisfied that a person with custody is unfit to continue because of cruelty or
neglect, court may order the infant be given up to the custody of another.
Repealed by Infants Custody and Settlements (Repeal) Act 1995 (ACT)
114
1960s
1980s
1990s
115
The laws
8.
Northern Territory
From 1863 until 1911 the Northern Territory was annexed to South Australia. For legislation applying in
the Northern Territory prior to 1895, refer to the South Australian table.
Decade
1890s
1910s
116
Decade
Definitions
aboriginal institution includes a mission
station, reformatory, orphanage school,
home, reserve, or other institution for
the benefit, care and protection of
aboriginals or half-castes of the Northern
Territory
half-caste the offspring of an aboriginal
mother and other than an aboriginal
father except those people deemed to
be aboriginal
aboriginal an aboriginal native of
Australia or any of the islands adjacent
or belonging thereto, or a half-caste
who is living with an aboriginal as wife,
husband or child, or a half-caste who,
otherwise than as a wife, husband or
child, habitually lives or associates with
aboriginals or a half-caste whose age
does not exceed 16 years
Key provisions
Provides for the removal, detention
and re-location of Aboriginal people
on reserves. Chief Protector made
the legal guardian of every aboriginal
child notwithstanding that any such
child has a parent or living relative, until
such child attains the age of 18 except
while the child is a State Child (under
the State Childrens Act 1895 (SA)).
Regulations may be made for the care,
custody and education of the children
of aboriginals; providing for the transfer
of any aboriginal or half-caste child
to an aboriginal institution or industrial
school; for the control, care and
education of aboriginal or half-caste
children in aboriginal institutions; for the
supervision of such institutions and for
the terms of apprenticeship or service for
aboriginal children.
Repealed by Aboriginals Act 1918
117
Decade
118
Decade
Amended by
Key provisions
Director made the legal guardian of all
aboriginals. Director may declare a
person with an aboriginal ancestor to
be an aboriginal if it is in that persons
best interests and that person requests
the Director to do so. Director to keep
a register of persons declared to be
aboriginals.
Repealed by Welfare Ordinance 1953
Welfare Ordinance 195360
Director of Welfare given extensive
powers over the lives of people declared
to be wards. Although the Ordinance
made no reference to Aboriginality, the
exception of people eligible to vote
from the class of people that could be
declared to be wards meant that it could
only apply to Aboriginal people.
Key provisions
The Administrator may declare a person
to be a ward because that person
stands in need of special care and
assistance owing to that persons
manner of living; inability, without
assistance, adequately to manage his
own affairs; standard of social habit and
behaviour; or personal associations.
No person entitled to vote may be
declared a ward. The Director of Welfare
made the legal guardian of all wards. The
Director to keep a Register of Wards.
The Wards Appeal Tribunal to hear
appeals against a wardship declaration.
Key provisions
Director is the legal guardian of every
State child to the exclusion of the
childs parent or other guardian. A court
may declare a child to be destitute,
neglected, incorrigible or uncontrollable
and commit the child to the care of
the Director or another person, to be
sent to an institution or released on
probation. A State child who absconds
from an institution or other placement
is guilty of an offence. The Territory
Administrator may declare a mission
station, reformatory, orphanage, school,
home or other establishment whether
within the NT or not as an institution for
the purposes of the Ordinance. A State
child may be sent to a place within the
Commonwealth to be placed under
control, trained, educated, cared for and
maintained.
Amended by
Child Welfare Ordinance 1969
Ministers in other States may send
State children to the Northern Territory
(reciprocal arrangements).
Repealed by Community Welfare Act
1983
119
Decade
120
Decade
1990s
121
The laws
8.
Queensland
Decade
1860s
1870s
122
Decade
1890s
Key provisions
Definitions
half-caste the offspring of an aboriginal
mother and other than an aboriginal
father. The term half-caste shall be
construed to exclude every half-caste
who is deemed to be aboriginal
aboriginal an aboriginal inhabitant of
Queensland; a half-caste living with an
aboriginal as wife, husband or child; a
half-caste habitually living or associating
(otherwise than as husband or wife) with
aboriginals
Key Provisions
Minister may order the removal,
detention and relocation of Aboriginal
people on reserves. Regulations may be
made prescribing the mode of removing
aboriginals to a reserve and from one
reserve to another; providing for the care,
custody and education of the children of
aboriginals; providing for the transfer of
any half-caste child being an orphan or
deserted by its parents to an orphanage;
prescribing the conditions on which
aboriginal or half-caste children may
be apprenticed to or placed in service
with suitable persons.
123
Decade
1910s
1930s
124
Decade
125
Decade
Decade
127
Decade
1960s
Decade
Key provisions
129
Decade
1970s
130
The laws
8.
South Australia
Decade
1840s
Key provisions
The Protector of Aborigines made the
legal guardian of every aboriginal and
half-caste child whose parents are dead
or unknown, or one of whom agrees,
until the age of 21. Any two Justices,
with the consent of the Governor and
one of the parents, may apprentice any
half-caste or other aboriginal child having
obtained a suitable age until the age of
21 provided that due and reasonable
provision is made for the maintenance,
clothing and humane treatment of any
apprentice.
Repealed by Aborigines Act 1911
1880s
131
Decade
1890s
132
Decade
1910s
133
Decade
134
Decade
Key provisions
Amended by
Definitions
aboriginal similar to definition in 1911
Act but includes a half-caste child
under the age of 18 years
half-caste includes any person either
of whose parents is or was an aboriginal
native of Australia or of any of the islands
adjacent or belonging thereto and any
child of any such person. It does not
include a person who comes within the
definition of aboriginal
Key provisions
Chief Protector may commit any
aboriginal child to any institution
within the meaning of the Maintenance
Act 1926 ... to be there detained or
otherwise dealt with under the said
Act until such child attains the age of
eighteen years. The child may then be
dealt with as a neglected child under the
Maintenance Act. These provisions only
apply to legitimate aboriginal children
who have either obtained a qualifying
certificate within the meaning of the
Education Act 1915 or attained the age
135
Decade
136
Decade
Definitions
Key provisions
The duties of the Minister for Aboriginal
Affairs include the management
and regulation of reserves; general
supervision and care over all matters
affecting the welfare of Aborigines
and persons of Aboriginal blood; in
his absolute discretion to provide, in
cases of need, when possible, for the
maintenance and education of the
children of Aborigines and persons
of Aboriginal blood; and to promote
the social, economic and political
development of Aborigines and persons
of Aboriginal blood until their integration
into the general community. The Board
is to establish and maintain a Register of
Aborigines and has the power to remove
names of those persons who, in its
opinion, are capable of accepting the full
responsibilities of citizenship. An applicant
whose name the Board refuses to remove
may appeal to a special magistrate.
Amended by
Aboriginal Affairs Act Amendment Act
1966/7 provided for the establishment
of Aboriginal Reserve Councils.
Aboriginal Affairs Act Amendment
Act 1968 abolished the Register of
Aborigines.
Repealed by Community Welfare Act
1972
After the Aboriginal Affairs Act 1962, Aboriginal children were removed under the Maintenance Act
1926 and subsequent child welfare legislation.
Australian Human Rights Commission 2010 | www.humanrights.gov.au/education/bringing_them_home
137
1970s
1980s
1990s
Youth Court Act 1993, Young Offenders Act 1993 and Childrens Protection Act 1993
Acts include Aboriginal Child Placement Principle.
138
The laws
8.
Tasmania
Decade
1890s
1900s
1910s
Key provisions
Secretary for Lands responsible for
promoting welfare and well-being of
residents of the reserve. Cape Barren
Island reserve, which was created in
1881, to be subdivided into homestead
and agricultural blocks. Persons named
in schedule and their widows and
descendants may make application for
licences to occupy land free of rent.
Residents required to reside continuously
in their houses for six months each year.
Licences may be bequeathed to widow
or descendants but if widow who is a
licensee marries a white man all her
rights to the licence cease. Persons over
21 years who are not licensed occupiers
or lessees may be removed from reserve.
In order to encourage the settlement of
the half-castes in other parts of Tasmania
outside the Reserve an applicant may
be granted a licence to occupy Crown
land elsewhere in Tasmania. Regulations
may be made for the control of residents
upon the reserve.
Repealed by Cape Barren Island Reserve
Act 1945
139
Decade
1940s
140
After 1935, Aboriginal children were taken from Cape Barren Island and surrounding islands under the
Infants Welfare Act 1935 and subsequent child welfare legislation.
1930s
1940s
1960s
141
Definitions
neglected similarly defined to 1935 Act. In practice the only grounds now used are
that the childs parents or guardians are unfit to exercise care or guardianship or
are not exercising it and the child is in need of care or protection, in order to secure
that he/she is properly cared for or that he/she is prevented from falling into bad
associations or from being exposed to moral danger; or the child is beyond the
control of parents or guardians with whom he is living. Proper care and guardianship
deemed not to be exercised if the child is not provided with necessary food, lodging,
clothing, medical aid or nursing or the child is neglected, ill-treated or exposed by a
parent or guardian
Key provisions
Childrens court may declare a child found to be neglected, or brought before it
on the application of a parent, guardian or relative of the child or a person of good
repute having the care and custody of the child, to be a ward or make a supervision
order which requires the child to be under the supervision of a child welfare officer or
probation officer.
Amended by
Child Welfare Act 1963 deleted the power of a person of good repute to apply for a
child to be made a ward.
Adoption of Children Act 1968
Consolidated and amended the previous laws relating to adoption. The RegistrarGeneral may no longer exercise the powers of a police Magistrate in relation to
adoption. Before an adoption order is made a report must be made regarding the
proposed adoption by the Department of Social Welfare or an approved private
adoption agency. The welfare and interests of the child must be served by the
adoption. The only agency approved under this Act was the Catholic Private Adoption
Agency.
Repealed by Adoption of Children Act 1988
1970s
1980s
142
The laws
8.
Victoria
Decade
1860s
Amended by
Neglected and Criminal Childrens
Amendment Act 1874 children under
6 years may be detained in an industrial
school; immoral or depraved child
may be sent to a reformatory school;
neglected children may be detained up
to the age of 16 years; child may be
boarded out or apprenticed.
Neglected and Criminal Childrens
Amendment Act 1878 neglected
children may be transferred from industrial
to reformatory schools; a child may be
detained until the age of 18 years.
Repealed by Juvenile Offenders Act 1887
143
Decade
1880s
Definitions
half-caste includes as well as halfcastes, all other persons whatever of
mixed aboriginal blood but excluding
those deemed aboriginals
Regulations
Aborigines Regulation 1899 Governor
may, for the better care, custody and
education of any aboriginal child, order
that child be transferred to the care of
the Department for Neglected Children or
the Department for Reformatory Schools.
144
Decade
1910s
Key provisions
Regulations
145
Decade
1920
Consolidation.
Regulations
1930s
1950s
Key provisions
Board given powers to distribute money,
clothing, bedding, rations relief and
medical or other attention of a similar
nature, manage and regulate reserves,
make regulations concerning the control
of aborigines and reserves. (No specific
power in relation to children).
Regulations
Board may issue a permit to an
Aborigine to reside on reserve (wife and
children under 18 years included).
146
Definitions
in need of care replaces the definition
of neglected child and adds to previous
definition takes part in any public
exhibition or performance which is likely
to endanger life or limb, is exposed to
moral danger or who habitually truants
Key provisions
Childrens Court to determines whether
a child or young person is in need of
care. Police can arrest without warrant
any child or young person suspected
of being in need of care and bring
the child before a Childrens Court
to be committed to the care of the
Department. Director can make a range
of placements including institutions,
private homes, employment or service etc.
Decade
Regulations
Childrens Welfare Regulation 1955
specifies the duties of Honorary Welfare
Officers, regulates visits to children,
boarding out wards and applications for
the establishment of juvenile schools.
Repealed by Childrens Welfare Act 1958
Childrens Welfare Act 1958
Consolidation of 1954 Act.
Repealed by Social Welfare Act 1970
After Aborigines Act 1957, the Board had no specific power in relation to Aboriginal children. Aboriginal
children were removed under the Child Welfare Act 1954 and subsequent child welfare legislation.
1960s
1970s
147
1980s
148
The laws
8.
Western Australia
Decade
1840s
149
Decade
1880s
150
Decade
Definitions
Definitions
aboriginal an aboriginal inhabitant of
Australia; a half-caste who lives with an
aboriginal as wife or husband; a halfcaste, who otherwise than as wife or
husband, habitually lives or associates
with aborigines; a half caste child
whose age apparently does not exceed
16 years
half-caste includes any person born of
an aboriginal parent on either side and
the child of any such person
Key provisions
Regional protectors to be appointed with
power to grant permits for employment
of Aboriginal males less than 14 years
and Aboriginal females. No person to
remove any aboriginal, any male halfcaste under 16, or any female halfcaste without the written authority of a
protector. Minister for Aboriginal Affairs
may remove aboriginals from one
reserve or district to another reserve or
district.
151
Decade
Regulations
Aborigines Protection Regulation 1909
police, protectors and Justices of the
Peace may remove any half-caste child
to a mission.
Repealed by Native Welfare Act 1963
1910s
Key provisions
Secretary of State Children Department
to have care and control of all State
children. Where a court finds that a child
is destitute or neglected, or the child is
uncontrollable or incorrigible, it may
order the child to be committed to the
care of the Department or sent to an
institution to be detained until the age of
18. If a child is found guilty of offence the
court may order that the child be sent to
an industrial school. Reasonable notice
of a complaint against a child must be
given to his/her parent or guardian.
Repealed by Child Welfare Act 1947
State Children Act Amendment Act
1919 [also known as the Child Welfare
Act 1919]
Definitions
State child definition expanded to include
an incorrigible or uncontrollable child
Key provisions
In committing any child to an institution
the court must have regard to the childs
future welfare. The court may direct
that a child be detained in one of the
institutions scheduled to the Act or in
some other institution at which such
special training and supervision can be
provided as may best meet the needs of
any special case.
Repealed by Child Welfare Act 1947
1920s
152
Decade
1930s
153
Decade
Key provisions
To be granted citizenship under
this Act, an Aboriginal person had to
convince a magistrate that he/she
had severed all ties to extended family
and friends (parents, siblings and own
children excepted), was free from
disease, would benefit from holding
citizenship and was of industrious habits.
Repealed by Native (Citizenship Rights)
Act Repeal Act 1971
1950s
Key provisions
Definitions
Decade
Key provisions
Commissioner ceased to be the guardian
of native minors. Duties of Department
of Native Welfare include providing for
the custody, maintenance and education
of the children of natives and to assist
in the economic and social assimilation
by the community of natives. Only
natives and specified persons to enter
or remain on reserves. Regulations
may be made for the control, care and
education of the children of natives.
Repealed by Aboriginal Affairs Planning
Authority Act 1972
After the Native Welfare Act 1954 Aboriginal children were removed under the Child Welfare Act 1947
and subsequent child welfare legislation. However the Commissioner for Native Affairs remained the
legal guardian of all native children, except those made wards under the Child Welfare Act, until 1963.
1970s
Community Welfare Act 1972 [also known as the Community Services Act 1972]
Established the Department of Community Welfare which was an amalgamation of the
Child Welfare Department and sections of the Department of Native Welfare.
Child Welfare Amendment Act (No 2) 1976
Replaced the terms destitute child and neglected child with child in need of care
and protection.
Definitions
child in need of care and protection a child with no sufficient means of subsistence
whose near relations are in indigent circumstances, unable or unwilling to support the
child, dead or unknown; who has been placed in a subsidised centre and whose near
relations have not contributed to maintenance; who associates or dwells with a person
convicted of vagrancy, bad repute, a thief, is under the influence of alcohol or drugs
or is a person unfit to have guardianship or custody; a child who is not maintained
properly or deserted; who is found in a place where drugs are used; is ill treated; lives
under conditions indicating that he/she is lapsing or likely to lapse into career of vice or
crime; or there are indications that the childs physical, mental or moral welfare are in
jeopardy
ward a child in need of care and protection under the guardianship of the Director of
Community Welfare
Key provisions
A ward may be placed in a suitable centre or facility, transferred from one centre,
facility, training or employment to another, placed in employment with some suitable
person, or placed in the care, charge or custody of a suitable person.
155
Key questions
8.
1. How did Indigenous people and the settlers interact during the early settlement?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
2. Reserves were formally set up under the control of the Aboriginal Protection Board. What were the
reserves used for?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
3. What was the main change brought about by the 1915 Aborigines Protection (Amending) Act?
What arguments were presented against these changes?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
4. After the 1937 meeting of State and Commonwealth governments, assimilation took place under
welfare laws. An Indigenous child could only be removed if found to be in neglect. What problems
were identified with this approach?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
5. During the 1940s and 1950s, fostering and adoption became the option preferred to
institutionalisation. What reasons are offered for this? Can you think of other possible reasons?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
156
Key questions
8.
Northern Territory
To answer these questions you will need to refer to The History Northern Territory resource sheet and
The Laws Northern Territory resource sheet.
Read the resource sheets and answer the questions below.
1. According to the material, what was the main motivation behind settling in the Northern Territory?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
2. What were the key points of the Northern Territory Aboriginals Act of 1910?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
3. Soon after the Chief Protectors powers were extended in 1918, the removal of Indigenous children
increased rapidly. What problems did this increase pose for managing missions, institutions and
reserves? Give an example.
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
4. What was Chief Protector Cooks vision? Was it achieved through the missions and reserves?
Why, or why not?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
157
Key questions
8.
Queensland
To answer these questions you will need to refer to The History Queensland resource sheet and The
Laws Queensland resource sheet.
Read the resource sheets and answer the questions below.
1. How would you describe relations between Indigenous people and the settlers during early
settlement in Queensland?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
2. Under what law were Indigenous children first separated from their families?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
3. What was one reason for the government adopting a policy of restricting the movement of Torres
Strait Islanders?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
4. What happened to Indigenous children who were not living on the reserves or missions?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
5. What did the 1975 Commission of Inquiry into Youth recommend about the care of Indigenous
children?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
158
Key questions
8.
South Australia
To answer these questions you will need to refer to The History South Australia resource sheet and
The Laws South Australia resource sheet.
Read the resource sheets and answer the questions below.
3. What did Aboriginal people have to show in order to get an exemption certificate?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
5. What was one institution set up as a part of self-management of Indigenous affairs in the
Indigenous community?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
159
Key questions
8.
Tasmania
To answer these questions you will need to refer to The History Tasmania resource sheet and The
Laws Tasmania resource sheet.
Read the resource sheets and answer the questions below.
2. What was the initial effect of moving Indigenous people to Flinders Island?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
3. In the 1950s, officials increasingly moved Indigenous children to mainland Tasmania using the child
welfare laws. What were the grounds for removal of Indigenous children under these laws?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
4. Has self-management helped reduce the number of separations occurring through child welfare
and criminal laws? Which Indigenous-operated organisations have helped with this?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
5. When did the Tasmanian Government introduce the Aboriginal Child Placement Principle? What is
the principle meant to do?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
160
Key questions
8.
Victoria
To answer these questions you will need to refer to The History Victoria resource sheet and The Laws
Victoria resource sheet.
Read the resource sheets and answer the questions below.
1. How did colonial settlement begin? What were the early schools for Indigenous children like?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
2. Segregation policy aimed to separate Indigenous peoples from non-Indigenous peoples. What were
the two main things the Aborigines Protection Board did to facilitate this separation?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
3. What were the grounds for removing Indigenous children by private welfare agencies and individuals
between 1887 and 1954?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
4. What work did the Aboriginal Advancement League do to try and improve conditions for Indigenous
people living under the policy of assimilation?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
or increase the number of Indigenous children removed from their families? By how much did this
change?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
Australian Human Rights Commission 2010 | www.humanrights.gov.au/education/bringing_them_home
161
Key questions
8.
Western Australia
To answer these questions you will need to refer to The History Western Australia resource sheet and
The Laws Western Australia resource sheet.
Read the resource sheets and answer the questions below.
1. How was the settlement of Western Australia different to settlement in other Australian states?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
2. What occurred at the Battle of Pinjarra? How did this effect the relationship between Indigenous
and non-Indigenous people?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
3. List some of the things that Indigenous people had to prove to be granted WA citizenship rights
under the Native (Citizenship Rights) Act 1944.
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
4. How many Indigenous people were in institutions when the Department of Native Welfare was
abolished in 1972?
...............................................................................................................................................................
...............................................................................................................................................................
5. Explain some of the reforms to child welfare which were introduced in the 1980s. What specific
issues do you think were addressed by these changes?
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
162
Answer sheet
8.
1. How did Indigenous people and the settlers interact during the early settlement?
Immediate conflict occurred between Indigenous people and settlers.
Indigenous people were forced off their traditional lands to make way for settlement.
Indigenous people protested over early land claims and development, leading to guerrilla
warfare between Indigenous people and settlers.
Indigenous people were encouraged to send their children to Native Institutions, where they
could undertake bible study.
2. Reserves were formally set up under the control of the Aboriginal Protection Board. What were
the reserves used for?
3. What was the main change brought about by the 1915 Aborigines Protection (Amending) Act?
What arguments were presented against these changes?
The act removed the requirement that an Aboriginal child had to be considered neglected
before the board removed them.
No court hearing was required for the removal of an Aboriginal child.
Arguments were put at the time that the new law allowed the board to steal children away
from their parents and to oversee the re-introduction of slavery in NSW.
4. After the 1937 meeting of state and Commonwealth governments, assimilation took place
under welfare laws. An Indigenous child could only be removed if found to be in neglect. What
problems were identified with this approach?
Childrens courts were often located some distance from Indigenous communities.
Indigenous people had limited legal assistance at their disposal.
It was an offence for Indigenous people to leave either their employment or their home to
attend court hearings.
Parents were threatened in various ways to consent to their child being removed.
5. During the 1940s and 1950s, fostering and adoption became the option preferred to
institutionalisation. What reasons are offered for this? Can you think of other possible reasons?
Financial problems were being encountered, as institutions and homes were costly to run.
Fostering and adoption were therefore seen as more viable economic strategies.
163
Answer sheet
8.
Northern Territory
To answer these questions students will need to refer to The History Northern Territory resource
sheet and The Laws Northern Territory resource sheet.
The responses below are suggestions only.
1. According to the material, what was the main motivation behind settling the Northern Territory?
The enormous wealth of natural resources, which led to a flood of pastoralists and many mining
companies being established.
2. What were the key points of the Northern Territory Aboriginals Act of 1910?
The Act provided for the removal, detention and relocation of Aboriginal people on reserves.
3. Soon after the Chief Protectors powers were extended in 1918, the removal of Indigenous
children increased rapidly. What problems did this increase pose for managing missions,
institutions and reserves? Give an example.
The increase caused severe overcrowding in places where conditions were already poor.
Although some children were relocated, in many cases they were moved to temporary
homes, with severe water shortages, extreme cold and lack of protection from the rain.
4. What was Chief Protector Cooks vision? Was it achieved through the missions and reserves?
Why, or why not?
Cook stated that his intention was to breed out the race and to convert the half-caste into a
white citizen.
Cook was unsupportive of the missions and tried to make his vision their responsibility but
was ignored due to them focussing on education and protection instead.
One initiative in the move towards Indigenous self-management in the Northern Territory was the
Aboriginal Child Placement Principle, which stated that where removal of an Indigenous child from
its family because of adoption or fostering, the priority would be to place that child with another
Indigenous family wherever possible.
164
Answer sheet
8.
Queensland
To answer these questions students will need to refer to The History Queensland resource sheet and
The Laws Queensland resource sheet.
The responses below are suggestions only.
1. How would you describe relations between Indigenous people and the settlers during early
settlement in Queensland?
There was little initial conflict between colonisers and Indigenous populations.
However, when free settlement began events escalated into extreme violence, with poisoning
of and attacks on Indigenous camps.
2. Under what law were Indigenous children first separated from their families?
The Industrial and Reformatory Schools Act 1865.
3. What was one reason for the government adopting a policy of restricting the movement of
Torres Strait Islanders?
4. What happened to Indigenous children who were not living on the reserves or missions?
Many were removed to government-run dormitories.
Many were put in positions of domestic labour.
5. What did the 1975 Commission of Inquiry into Youth recommend about the care of Indigenous
children?
The Inquiry commented that placing Indigenous youth in non-Indigenous institutions was having a
detrimental effect, and that alternative means of child care should be considered and Indigenous
staff employed to work in the institutions.
165
Answer sheet
8.
South Australia
To answer these questions students will need to refer to The History South Australia resource sheet
and The Laws South Australia resource sheet.
The responses below are suggestions only.
3. What did Aboriginal people have to show in order to get an exemption certificate?
Aboriginal people could open a bank account and live independently if they could show by
reason of their character, standard of intelligence and development are considered capable of
living in the general community without supervision.
were excluded from the legal definition of Aboriginal.
5. What was one institution set up as a part of self-management of Indigenous affairs in the
Indigenous community?
166
Answer sheet
8.
Tasmania
To answer these questions students will need to refer to The History Tasmania resource sheet and
The Laws Tasmania resource sheet.
The responses below are suggestions only.
2. What was the initial effect of moving Indigenous people to Flinders Island?
The combination of inadequate shelter, scarce rations, disease and loss of freedom meant very few
survived the relocation. By 1843, only 50 of the original 200 survived. They were relocated back to
the mainland.
3. In the 1950s, officials increasingly moved Indigenous children to mainland Tasmania using the
child welfare laws. What were the grounds for removal of Indigenous children under these laws?
The Infants Welfare Act 1935 and the Child Welfare Act 1960 allowed children to be removed on
the grounds of neglect.
4. Has self-management helped reduce the number of separations occurring through child welfare
and criminal laws? Which Indigenous-operated organisations have helped with this?
The Aboriginal Information Service (now called the Tasmanian Aboriginal Legal Service)
provided representation for Indigenous children and parents in neglect cases and juvenile
justice matters.
This service went some way to reducing the number of removals through child welfare and
criminal laws.
5. When did the Tasmanian Government introduce the Aboriginal Child Placement Principle? What
is the principle meant to do?
1984
The principle means that an Indigenous family must be the preferred placement for an
Indigenous child in need of alternative care.
167
Answer sheet
8.
Victoria
To answer these questions students will need to refer to The History Victoria resource sheet and The
Laws Victoria resource sheet.
The responses below are suggestions only.
1. How did colonial settlement begin? What were the early schools for Indigenous children like?
Colonial settlement began when settlers from Tasmania travelled across Bass Strait in 1834 in
search of new farmland.
Early schools were almost always run by missionaries.
2. Segregation policy aimed to separate Indigenous peoples from non-Indigenous peoples. What
were the two main things the Aborigines Protection Board did to facilitate this separation?
Keeping full bloods, who were thought to be dying out, on reserves.
Merging half-castes into the white community.
3. What were the grounds for removing Indigenous children by private welfare agencies and
individuals between 1887 and 1954?
Employment and education were seen as ways of successfully merging mixed-descent children
into the white community.
4. What work did the Aboriginal Advancement League do to try and improve conditions for
Indigenous people living under the policy of assimilation?
Expressed their concerns to the premier at the time about the physical and cultural future of
Aborigines.
Advocated for a future of self-government instead of assimilation.
decrease or increase the number of Indigenous children removed from their families? By how
much did this change?
The introduction of Indigenous operated community services in the mid 1970s led to a 40%
reduction of the number of Indigenous children in homes by 1979.
168
Answer sheet
8.
Western Australia
To answer these questions students will need to refer to The History Western Australia resource
sheet and The Laws Western Australia resource sheet.
The responses below are suggestions only.
1. How was the settlement of Western Australia different to settlement in other Australian states?
Western Australia was established for free settlers rather than for convicts.
2. What occurred at the Battle of Pinjarra? How did this affect the relationship between Indigenous
and non-Indigenous people?
Governor Stirling led an expedition to the Indigenous camps and fired indiscriminately at
them, killing 30 Indigenous people.
This led to further acts of violence between Indigenous and non-Indigenous people.
3. List some of the things that Indigenous people had to prove to be granted WA citizenship rights
under the Native (Citizenship Rights) Act 1944.
To be granted citizenship under this Act, an Aboriginal person had to convince a magistrate that
he/she had severed all ties to extended family and friends (parents, siblings and own children
excepted), was free from disease, would benefit from holding citizenship and was of industrious
habits.
4. How many Indigenous people were in institutions when the Department of Native Welfare was
abolished in 1972?
5. Explain some of the reforms to child welfare which were introduced in the 1980s. What specific
issues do you think were addressed by these changes?
Aboriginal Child Care Agency introduced.
Aboriginal Child Placement Principle adopted.
Both reforms represented significant movement towards community participation in
Indigenous child welfare.
169
Activity sheet
8.
Part A
By this stage, you should have read the history and laws relating to the separation of Aboriginal and
Torres Strait Islander children from their families in your state or territory. You should also have read
about another state or territory.
The chart below highlights some of the key aspects of the overall history of separating Indigenous
children from their families. Use your answers to the key questions to fill in the table below.
Questions
170
Part B
Using the information above and also drawing on any other general points you have noticed write
down five differences and similarities between the histories of removals in both. Your examples can be
quite specific or general.
Differences
Similarities
Part C
In groups, or together as a class, discuss what you have learnt by comparing the two histories. Listen
to what points your classmates came up with, especially those who chose a state/territory which
was different to yours. You may want to think about broader differences and similarities using the
information you have learnt through this discussion.
Here are some focus questions:
What differences did you notice between what happened in both states/territories?
How would you explain how these differences came about? What factors do you think gave rise
to these differences?
What are the common threads?
What new information have you learned about the removal of Indigenous children from their
families?
171
Activity sheet
9.
1. . .........................................................................................................................................................
2. ..........................................................................................................................................................
3. . .........................................................................................................................................................
Class discussion
The following list includes some of the things governments, churches and the police have done in
response to the reports recommendations:
Motion of Reconciliation in Federal Parliament where the mistreatment of many Indigenous
Australians who were forcibly removed from their families and communities was acknowledged.
Most Australian State Parliaments issued a formal apology to the Stolen Generations and
acknowledged responsibility for the policies and practices which allowed for the forcible
removal Aboriginal and Torres Strait Islander children from their families and communities
and acknowledged responsibility for unjust laws and practices made by many government
departments including the police department.
Allocation of $63 million over a four year period to provide:
mental health services including counselling
family reunion services
parenting support
support for the preservation of Indigenous language
support of the preservation and development of Indigenous arts and culture
archiving project to preserve historical records and oral history recordings.
An additional $54 million was allocated by the government in 2002.
Apologies were made by all major Christian denominations for their involvement in the removal
and institutionalisation of many Indigenous children and a commitment to redress these injustices
from some churches.
Discuss the things that governments, churches and the police have done in response to the
recommendations with your classmates. Make a list of any other things that governments, churches
and the police could do to help achieve reconciliation between Indigenous and non-Indigenous
Australians.
172
1. . .........................................................................................................................................................
2. ..........................................................................................................................................................
3. . .........................................................................................................................................................
Note: For recent developments and updates on what recommendations have been
implemented from the Bringing them home report log on to the Social Justice section of
the Commissions website at: www.humanrights.gov.au/social_justice
Creating posters
1. In your groups plan a campaign together with an Indigenous group to raise community awareness in
response to the recommendations of the Bringing them home report.
Use the table below to help outline your campaign:
Name and objectives
Identify the objectives of your group or organisation.
173
Speech
9.
174
Government responses
We are all familiar with the state and territory government apologies to the Stolen Generations and
the dogged silence of the federal government on this most fundamental of elements in a national
process of healing and reparation.
We all recall the federal governments decision to promote a practical reconciliation agenda and
down-play or completely rule out the role of symbolic gestures, compensation or reparation as
appropriate responses to the findings of the BTH report. And I do note and acknowledge that the
government has invested many millions of dollars to BTH programs and they did proceed with a
national memorial to the Stolen Generations in the federal capital contentious though it was in terms
of its conceptualisation and delivery.
And Im sure the words in 2000 of the then Minister for Indigenous Affairs, Senator John Herron, that
there never was a stolen generation, still resurrect great passion in your hearts.
But the response of the broader Australian community and their demonstrable support for a
reconciliation process that will settle the unfinished business of our nations history that was so evident
in the bridge walks sits in stark contrast to the comparatively dispassionate responses of the political
leadership of this country.
175
The national compensation scheme that is proposed in this Bill is modeled on the Tasmania scheme,
but Senator Bartlett has also incorporated feedback from the Stolen Generations, Indigenous people
and their representative organisations, as well as other Australians. As a result, the scheme proposed
in his Bill has more inclusive and flexible eligibility criteria, and it allows the Stolen Generations Assessor
to accept oral evidence about a persons removal.
Senator Bartletts compensation proposal also takes on board community suggestions about the need
for:
healing centres to be established;
services to be provided to assist people to manage their compensation payments; and
for a Funeral Trust Fund to be set up to help families meet the costs of burial.
This initiative is one element of a growing momentum towards addressing major areas of unfinished
business in our nations history.
Another source of this momentum is our courts.
But a national reparations scheme, if set up appropriately and adequately resourced, has the potential
to deliver real social justice outcomes.
Further, international law provides that the only appropriate response to victims of gross violations of
human rights is one of reparation.
If NSW can provide reparation to those whose wages were stolen, why cant it do the same for the
children who were stolen?
And if the Australian Government can provide $3.5 billion to assist farmers to survive the current
drought, why cant it conceive of a reparations package to heal the scars of what must be one of our
countrys worst social injustices?
1. The Link Up Program which provides family tracing and reunion services;
2. The Bringing Them Home Program which provides counselling to individuals, families and
communities affected by past forced removal policies;
3. The Social and Emotional Wellbeing Regional Centre Program which funds these centres around
Australia to provide professional support to staff working in Link-Ups and the BTH Program; and
4. The Mental Health Program which funds Aboriginal Community Controlled Health Services to
develop and evaluate culturally appropriate approaches to mental health service delivery for the
Stolen Generations.
The findings of the report are generally positive in relation to client satisfaction and the quality of the
outcomes in relation to three of the four programs. According to their research, the Link-Ups, the BTH
Program and the Mental Health Program are all providing culturally appropriate services, and much
needed services that many Aboriginal people would otherwise not be accessing.
But when it comes to the Social and Emotional Wellbeing Regional Centre Program there are serious
criticisms about the centres capacity to fulfill their role, particularly in relation to providing professional
supervision and support to the staff delivering programs to the Stolen Generations.
It is also very clear that there is considerable scope for improvement across all four programs, and I
hope that the federal government is intent on giving effect to the many important recommendations
that the consultant has made in this report.
For example, there are clear recommendations that there needs to be:
Ubris Keys and Young, Evaluation of the Bringing Them Home and Indigenous Mental Health Programs, prepared for
the Office for Aboriginal and Torres Strait Islander Health, Australian Government Department of Health and Ageing,
Commonwealth of Australia, May 2007.
177
A greater focus on proactively targeting support services so they are primarily accessed by
first generation Stolen Generation members rather than second and subsequent generation
members;
Secondly, governments have a responsibility to ensure that there is a consistently high standard
in the skill level and qualifications of staff working in the Link-Ups and the BTH Programs. This
means fixing up the identified problems in the Social and Emotional Wellbeing Regional Centre
Program. Above all, more training and professional support needs to be provided to reduce
staff burn-out and turnover, which is a significant problem across all of the Stolen Generations
programs;
Thirdly, there is a real need for national guidelines and a national evaluation framework to improve
the consistency and quality of service delivery across all of the programs; and
Finally, the programs need to be adequately resourced so that they have a better geographic
spread and can provide proactive out-reach services to the Stolen Generations wherever they
live. There is a particular need to make programs more accessible for clients living in rural and
remote areas. Importantly the report also recommends that all of the programs should be located
in Aboriginal community-controlled organisations so they are more welcoming and user-friendly
for Aboriginal people.
The Ubris Keys Young report also flags the need for more research on the trans-generational impacts
of the Stolen Generations experiences, and how these are similar to or different from the impacts on
first generation members.
This is a critical recommendation that I want to emphasise today.
Research is already showing that the future demand for Link-Ups and BTH Programs will be significant
and is likely to keep growing as new generations of Aboriginal children are born.3
Australian Governments therefore need to be aware that their responses to the BTH report need to be
ongoing and capable of meeting the growing needs of an ever larger Indigenous population.
If governments are serious about:
addressing alcohol and gambling problems in Aboriginal communities,
reducing the rates of criminal offending behaviour by Aboriginal people,
reducing the experience of physical violence in communities, and
generally improving the life chances of Aboriginal children,
then treating the negative impacts of forcible removal is critical for current and future generations.
Conclusion
This is not just my thinking these are the findings of the MCATSIA report last year into the social and
economic characteristics of Aboriginal people affected by forcible removals.4
This report from MCATSIA is another useful document for the Stolen Generations and anyone working
in Indigenous policy development because it provides the evidence base to demonstrate the link
between forcible removals and contemporary Indigenous social and economic disadvantage.
178
Surveys conducted by the National Sorry Day Committee in 2002 found that several thousand people, particularly in
country and rural areas, would make use of the Link-Up services if they could access them. Similarly the evaluation
of the WA Link-Up service in 2005 concluded that there is considerable latent demand for services from secondary
and subsequent generations of the Stolen Generations. See Ubris Keys and Young, Evaluation of the Bringing Them
Home and Indigenous Mental Health Programs, prepared for the Office for Aboriginal and Torres Strait Islander Health,
Australian Government Department of Health and Ageing, Commonwealth of Australia, May 2007.
These are facts that no government can afford to overlook and information that everyone would hope
shapes governments responses to Indigenous child sex abuse and Indigenous family violence more
generally.
These facts confirm that Indigenous health, education, employment and general life chances have all
been reduced by forcible removal policies and that the affects of these policies continue to hold back
our kids from enjoying the opportunities that other Australians take for granted.
Ten years on the time for government action and leadership is overdue.
Thank you
179
180
Note: This overview is based primarily on the Bringing them home report and provides
a background to the policies and practices that authorised the removal of Aboriginal
and Torres Strait Islander children from their families. It is not intended to be used as a
comprehensive historical document.
Unoccupied land
Aboriginal people and their ancestors have occupied Australia for at least 40 000 years. They had with
their own systems of law, languages and cultural practices. Although Indonesian traders had visited
Australia in the 15th century it was not until the mid 1500s that European powers began to consider
the possible existence of a great southern land.
Spanish and Portuguese explorers and merchants often chanced upon Australias shores by accident,
reporting back to their governments. Dutch explorers such as William Jansz, Dirk Hartog and Abel
Tasman made sightings and landings on Australias shores. These early colonial powers were mainly
interested in commerce rather than settlement.
Some 140 years after the Dutch named this land mass New Holland, James Cook led the journey
on the Endeavour. He was commissioned by the British Government to make three voyages, and to
consider the trading and settlement possibilities. On 23 August 1770, after landing at Botany Bay,
Cook claimed the land for the British Crown and named it New South Wales.
It was some 16 years before the British Government looked at settling New South Wales. Unlike many
of Australias other colonies, New South Wales was initially set up as a penal colony. The traditional
view is that Britain sought to relieve the pressure on its prisons. A growing urban underclass in its cities
was causing increased crime and the loss of the American colonies necessitated a search for new
places to deport convicts.
On 26 January 1788, the First Fleet landed carrying some 1 000 people, more than 700 of whom were
convicts. The British also brought over a system of law, administration and cultural practices. Their
vision of settlement was based on the European doctrine of terra nullius, or unoccupied land. This
justification for settlement was used in spite of contact with Aboriginal people since Cooks landing. No
treaty or agreement for land use was made.
Early colonisation
The New South Wales settlement was soon filled with convicts, colonial administrators and military
police from Britain. Resistance and conflict between Europeans and Aborigines began almost
immediately. Captain Phillip estimated there were 1 500 Aborigines living in the Sydney region.
Aboriginal communities who lived on or near the settlements were forced back into the territories of
other communities. They protested against the colonial land claims and development. This pattern was
followed once penal colonies were set up in Van Diemens Land (Tasmania) in 1803 and in Queensland
in 1824.
Food and natural resources were major problems for settlers the climate and geography were also
very different from that in Europe. Human resources were also limited. There were very few farmers,
carpenters and engineers, all needed to create a self-supporting colony. Health was also a problem for
the settlers, though not as great a problem as the introduced diseases (carried on the First Fleet) were
for Aboriginal people. In 1789 smallpox decimated the Aboriginal population of Port Jackson, Botany
Bay and Broken Bay.
In 1790, a second fleet of migrants arrived from Britain this time most on board were free settlers.
Governor Phillip encouraged them to establish farming and grazing to the north and west of the
settlement. Gradually, the colony began to grow and become self-sufficient.
During this expansion and exploration conflict between Aboriginal peoples and European settlers
heightened, with quite violent consequences in many cases. In 1799 a six year period of resistance
to white settlement by Aborigines in the Hawkesbury and Parramatta regions commenced. In
Queensland, settlers poisoned Aboriginal people at Kilcoy Station in 1842 and there were attacks on
Aboriginal camps at Breakfast Creek in 1860.
The situation was much worse in Tasmania, where an outright guerrilla war took place between
Aboriginal people and settlers. In 1830, Governor Arthur tried unsuccessfully to drive all the remaining
Aboriginal people in eastern Van Diemens land on to the Tasman Peninsula.
Even in the later settlement of Western Australia, violent conflict occurred after areas were settled. For
example, at the Battle of Pinjarra Governor Stirling led an expedition and opened fire against a group of
Indigenous people after they had been involved in conflict with the local settlers.
According to British law, Aboriginal people became British subjects upon settlement. Governor
Phillip was instructed to open an intercourse with the natives and ensure their protection. Later on,
settlements in South Australia and the Northern Territory were established with similar instructions
protection of Aboriginal people. After all, as British subjects (like the free settlers) they were entitled to
equal treatment, at least theoretically.
181
entry and exit from the reserves was controlled, as was their everyday life on the reserves, their right to
marry and their employment.
Tasmania was the exception to this trend. Until the late 1960s, Tasmanian governments insisted that
Tasmania did not have an Aboriginal population, just some half-caste people.
While other governments and Chief Protectors did not voice similar opinions, these extreme views
provide insight into the possible underlying intentions of the policy in all states and territories. Many
practices did target anything that would lead to the continued existence of a full-blood population.
For example, young women were the first to be targeted for separation and merging. This was just as
much about controlling reproduction as it was about cheap domestic labour.
Despite the force of this new policy, merging failed. While mixed-descent Indigenous children were
formally merged into non-Indigenous society, they simply did not become white. On the contrary,
those who were merged simply faced extreme disadvantage on two counts. Firstly, by being separated
from their families and communities, and secondly, by facing discrimination when they entered nonIndigenous communities. An urban underclass of Indigenous people was also starting to grow in the
cities.
183
By the early 1960s, it was clear that Indigenous people were not being assimilated the policy had
failed. Discrimination by non-Indigenous people and the refusal of Indigenous people to surrender their
lifestyle and culture were standing in the way.
The promise of change came in 1967, with the successful constitutional referendum. The referendum
altered the constitution to remove references to Aboriginal people so that all people in Australia were
to be subject to the same laws, and Indigenous people would be included in the census. Further, it
gave the federal government powers to make laws for Indigenous people. As a result, a national Office
of Aboriginal Affairs was established.
184
For the Aboriginal child growing up in a racist society, what is most needed is a supportive
environment where a child can identify as an Aboriginal and get emotional support from
other blacks. The supportive environment that blacks provide cannot be assessed by
whites and is not quantifiable or laid down in terms of neat identifiable criteria
Aboriginal people maintain that they are uniquely qualified to provide assistance in the
care of children. They have experienced racism, conflicts in identity between blacks and
whites and have an understanding of Aboriginal lifestyles.
The Hawke and Keating governments both used the term self-determination almost interchangeably
with that of self-management through the 1980s and early 1990s. The continued activism of
Indigenous communities and growing awareness among welfare workers led to further changes in
government practices. In 1980, Link-Up (NSW) Aboriginal Corporation was established. The service
traced family movements and reunited Indigenous children with their families. Similar services now exist
in every state and territory.
In 1981 the Secretariat of the National Aboriginal and Islander Child Care (SNAICC) was established.
SNAICC represented the interests at a national level of Australias one hundred or so Indigenous
communitycontrolled childrens services.
In 1983, the Aboriginal Child Placement Principle was developed and introduced into Northern Territory
law. The basic requirement of this Principle was that Indigenous families must be the preferred option
for placing an Indigenous child in need of alternative care. New South Wales, South Australia, Victoria
and Tasmania followed this lead. The Principle was also informally introduced in Western Australia and
Queensland.
In the 1990s, a number of significant changes to the way Indigenous people were viewed by nonIndigenous people took place. The most significant of these were:
the establishment of the Council for Aboriginal Reconciliation by law of the federal Parliament in
1990
the findings of the Royal Commission into Aboriginal Deaths in Custody in 1991
the decision of the High Court in Mabo v Queensland in 1992
the Native Title Act passed by the federal government in 1993
the establishment of the National Inquiry Into the Separation of Aboriginal and Torres Strait
Islander Children from Their Families in 1995
the High Court Wik decision in 1996
the Human Rights and Equal Opportunity Commission presents Bringing them home the Report
of the National Inquiry to into the Separation of Aboriginal and Torres Strait Islander Children from
Their Families presented to Federal Parliament in 1997
the introduction of the Native Title Amendment Act (Cth) in 1998
the Peoples Walk for Reconciliation in 2000.
185
The report was a detailed national summary of the history of separations. It expressed difficulty in
being able to come up with a definite figure for the number of Indigenous children separated from
their families; but did estimate that between one in three and one in ten Indigenous children were
separated from their families and communities between 1910 and 1970. This figure does not account
for separations before 1910.
Most importantly, it found that most families had been affected, in one or more generations, by
government policies and laws requiring the separation of Aboriginal and Torres Strait Islander children
from their families.
Links
Bringing them home report: http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen/
Bringing them home Community Guide:
http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen_summary/
Social Justice Report 2002 Chapter 2: Self Determination:
http://www.humanrights.gov.au/social_justice/sjreport02/chapter2.html
Australian Museum Online Indigenous Australia:
http://www.dreamtime.net.au
Note: For recent developments and updates on what recommendations have been
implemented from the Bringing them home report log on to the Social Justice section of
the Commissions website at: www.humanrights.gov.au/social_justice
186
Early contact
Soon after Christopher Columbus landed in the Americas in 1492, British and French monarchs
encouraged traders and explorers to journey across the Atlantic Ocean to North America. John Cabot
(English) and Jacques Cartier (French) are just two explorers who landed in North America.
During this early period, there was little contact between First Nations (Indigenous Canadian) people
and Europeans. Most contact was between First Nations people and traders. Trading required cooperation and relationships were based on mutual recognition of this need. Many traders relied on the
knowledge and guidance of the First Nations in order to survive and succeed in the New World.
The main source of conflict came with the missionaries, who tried to convert many First Nations
communities to Christianity. The Europeans also brought diseases with them that First Nations people
had not encountered before, and these devastated their communities.
187
This meant that First Nations people continued to have control over their land and could only lose it by
signing a treaty with the Colonial Government.
188
As boarders, they were trained in all aspects of living, from early morning to late at night. Once they
finished school, they were generally forced into domestic service for white families or manual labour in
the cities. They were not encouraged to return to their communities.
The conditions in these schools were far from civilised. Epidemics of tuberculosis and influenza, made
worse by unhealthy and unsanitary conditions, spread through the schools. Many children died or
suffered from severe illness. For example, at Duck Lake School nearly 50 percent of the students died
from disease and malnutrition. Discipline was harsh and punishments were severe.
By 1908, after a government inquiry, it was clear the boarding and industrial schools had failed.
189
The third stage is a claims settlement process known as the Resolution Framework. The Framework
allows those who were mistreated through the residential school system to make an application and
participate in a mediation process to be conducted by a former judge of Canadas highest court and
ultimately be awarded monetary compensation on a sliding scale according to the harm inflicted. In
2005, the Canadian Government set aside $1.9 billion for this process, as an alternative to litigation.
In May 2006, this compensation package became a settlement agreement, setting aside money for
the Aboriginal Healing Foundation, for commemoration, for a Truth and Reconciliation program, as well
as for individual claims for compensation. Compensation claims will vary depending on the number of
years that students attended residential schools, with $10 000 payable for the first year and $3000 for
every additional year of attendance.
The compensation package was approved by Canadian courts at the end of 2006. In 2008 the
Canadian Government established a Truth and Reconciliation Commission.
Links
Canadian Human Rights Commission: http://www.chrc-ccdp.ca/
Kids Stop Indian and Northern Affairs Canada: http://www.ainc-inac.gc.ca/ks/index-eng.asp
History of the First Nations: http://www.tolatsga.org/Compacts.html
Details of the Residential Schools Settlement:
http://www.residentialschoolsettlement.ca/English.html
190
Treaty of Waitangi
Around this time, Edward Wakefield formed the New Zealand Company. This private company
bought land in New Zealand independently of the British Government and sold it on to new settlers at
a profit. Wakefield settlements were established in several parts of New Zealand. Increasingly, the sale
of land and population growth led to conflict between Maori and settlers.
Obviously, the Declaration did little to protect Maori land and solve the conflict. As more settlers arrived
in the colony, Britain decided to annex New Zealand formally by making a treaty with the Maori people.
The Treaty of Waitangi, first signed on 6 February 1840, recognised Maori sovereignty while making
them British subjects. There were three important aspects of the Treaty:
the Maori people would have greater control over their lands and resources
Maori land could only be sold to the Crown, who would then either keep it as Crown land or sell it
to settlers
The Queen would promise to maintain law and peace in New Zealand.
The Treaty was taken to Maori Chiefs around New Zealand, and some 500 Chiefs signed it. However,
many Maori community leaders voiced their opposition, refused to sign and continued protests against
land sales. There also remained a great deal of uncertainty and difference of opinion about what Maori
sovereignty meant.
191
Assimilation
Unlike Australia, there were no laws or policies for removing Indigenous children from their families.
Even so, a formal policy of assimilation was in place towards the end of the nineteenth century. The
government argued that education was the most effective way of integrating Maori people into white
culture.
In 1867, the government introduced the Native Schools Act. Under this law, English later became
compulsory for Maori students in primary schools. The Department of Education was responsible for
Maori assimilation through education.
From the mid-twentieth century, Maori people began moving to the cities and away from traditional
lands. By 1945, Maori ownership of land decreased further to just over three million acres. As their
land gradually decreased, many Maori people relocated to the cities to live and work. In 1960, the
Government introduced an urban relocation program that encouraged Maori people to move off
traditional lands and into cities. Under this program, 400 families were relocated in five years.
Links
New Zealand Human Rights Commission: http://www.hrc.co.nz/
The New Zealand Wars: http://www.newzealandwars.co.nz
Waitangi Tribunal Schools Section:
http://www.knowledge-basket.co.nz/waitangi/school/school.html
For information on the Treaty of Waitangi http://www.ots.govt.nz/
192
Early settlement
In 1652, Jan van Riebeeck of the Dutch East India Company arrived at the Cape of Good Hope after
receiving instructions to set up an outpost en route to Asia for trade. Although privately owned, the
Dutch East India Company was given authority by the Dutch Government to colonise territories and
enslave the Indigenous people as workers.
Initially, the Dutch established good relations with the Khoikhoi and San, Indigenous people living in
South Africa. Most of the settlers were simply traders, so they never built permanent settlements. Even
so, many of the Khoikhoi and San were used as cheap labour, in addition to slaves brought over from
India and West Africa.
However, it was not long before settlers migrated from Holland and set up their own community (the
Boers). This migration was the first step in years of oppression and racial violence that would be a large
part of South Africas history.
The most immediate result of this settlement was disease and dispossession. The Europeans brought
new diseases to the Cape, such as smallpox and measles, which caused the deaths of many
Indigenous people. Those that remained were forced into labour. The growing European population
also demanded more land for agriculture and development. By the early 1700s, the Khoikhoi had lost
most of their land to the Boer settlers.
In 1814, the British were granted the Cape Colony as a result of a treaty ending the Napoleonic Wars.
After 1820, thousands of British colonists arrived in South Africa, demanding land for development and
that British law be imposed. For the Khoikhoi and San people, this meant more dispossession of land.
However, there were two positive consequences of British colonisation. Slavery was abolished and
laws were brought in to protect Khoikhoi workers.
The British settlement also brought a new turn to the racial conflict in South Africa. The Dutch settlers
(now Afrikaners) insisted on maintaining their own independent culture and community. The British
were also a new force in the conflict between Indigenous people and Europeans, particularly as the
colony looked to expand.
193
The British now looked to expand their colony northwards. Of course, this meant conflict with both
the Afrikaners and Indigenous people north of the Cape Colony. After an ongoing campaign, the Zulus
were defeated in 1879 at Ulundi. The British and Afrikaners then fought over Afrikaner settlements in
the north in what became known as the Boer Wars. These wars lasted until 1902. The British set-up
concentration camps for Afrikaner and black men, women and children. It is estimated that some
14,000 blacks died in these camps.
The British success against the Indigenous populations and Afrikaners promised stability and control
in South Africa. In 1910, the South Africa Act was passed by the British Parliament, establishing the
Union of South Africa as a British dominion.
However, this came at a cost. Most Indigenous communities, such as the Zulus and Xhosa, were
removed from their lands. Those that did not die in the conflicts were used in the mining industries
as cheap labour. This would set the stage for yet another century of racial violence, segregation and
oppression enforced by laws and government policies.
Apartheid
Since colonisation, racial separatism had always characterised relations between Europeans,
Indigenous people and imported slaves in South Africa. In the twentieth century it became enforced by
law under the policy of apartheid.
One of the first acts of apartheid as government policy came in 1913 with the Native Land Act. Under
this law, Indigenous people were forbidden to buy land outside the reserves. Since reserve lands
amounted to seven percent of all land in South Africa, this excluded them from owning land in 93
percent of the country. This law also prevented them from living off the land, forcing Indigenous people
to earn a living from labour. This satisfied the mining industries who profited from cheap Indigenous
labour.
Segregation then moved to employment, following the Rand Revolt in 1922. This was an armed
uprising of white workers who were outraged by the use of cheaper black labour in preference to
whites. They demanded that white workers be protected and that black workers be excluded from
particular industries. After the Revolt was stopped, with 200 people dead, the government passed a
law banning black workers from certain mining jobs and managing positions.
After World War II, apartheid was declared a formal government policy under the ruling National Party.
A range of discriminatory laws were introduced, including:
Groups Areas Act this created separate living areas for whites, blacks, coloureds (people of
mixed blood) and Asians. Blacks needed passes to enter white areas, otherwise they would be
imprisoned. Millions of arrests were made as a result of this law.
Marriage between whites and blacks was illegal.
Separate education for black and white students, with black schools receiving very little money.
Promotion of the Bantu Self-Government Act this law ended black representation in the
Parliament.
Overall, many Indigenous people lost their lives or were imprisoned. At the same time, the European
population was rapidly developing land for mining or residential use. The apartheid policy attracted
criticism from the United Nations (UN) and the international community.
One of the ANCs first actions was to put together the Freedom Charter. Signed in 1955, the Charter
sought equality and rights for all in South Africa regardless of race. The ANC also wanted the loss of
Indigenous land and community to be recognised by white South Africa.
The government responded with violence to the ANCs calls for peace, equality and freedom. Black
resistance was forced to become much more militant because of the governments response. In
March 1960, the Pan-Africanist Congress (a more militant group) organised a protest in a town near
Johannesburg. The police opened fire killing 67 people and seriously wounding 180. The Sharpeville
Massacre, as it became known, resulted in the arrests of many blacks and a ban on the ANC.
Soon after the successful referendum making South Africa a republic, the government gave police
more powers to arrest and imprison people without a warrant. The Terrorism Act of 1967 allowed
people suspected of terrorism, or knowing about terrorist activities, to be imprisoned without trial
for an indefinite period of time. Of course, the main targets of these laws were black South Africans,
particularly those involved in protests.
Many children were imprisoned and tortured as well. This was often done to get information from them
about the activities of other members of their families.
By this stage, South Africa was attracting immense criticism from the United Nations and the
international community. During the 1970s, South Africa attacked neighbouring Angola an action
condemned by the UN. However, it was the internal policy of apartheid that concerned the UN most.
In 1974, South Africa was suspended from the UN General Assembly, and which by the 1980s, was
referring to apartheid as a crime against humanity.
This did not deter the government. On 16 June 1976, the conflict reached crisis point. Thousands of
high school students demonstrated in the black township of Soweto. They protested in response to
a government law requiring that high school subjects should be taught in Afrikaans (similar to Dutch),
which was seen as the language of oppression. Again, the police responded with violence killing at
least 575 people. Rioting and conflict spread quickly across the country.
This pattern of black protest and white violence continued into the 1980s. A state of emergency was
declared in 1986. During the following two months, some 3,000 children were detained. Gradually,
however, the combination of black protests and international pressures led to reform. In 1990, the
ruling National Party government lifted the ban on the African National Congress, and released Nelson
Mandela from prison after twenty seven years. Apartheid legislation was gradually removed, and the
first multi-racial elections were held in 1994, which the ANC won by an overwhelming majority.
In 1995, the South African Government set up a Truth and Reconciliation Committee to bear witness
to, record and in some cases grant amnesty to the perpetrators of crimes relating to human rights
violations, reparation and rehabilitation.
Links
South African Human Rights Commission: http://www.sahrc.org.za/
Children Rights and Law Reform in South Africa An update from the Juvenile Justice Front:
http://www.dci-au.org/html/sa.html
The Story of Africa BBC World Service:
http://www.bbc.co.uk/worldservice/africa/features/storyofafrica/index.shtml
South African History Online: http://www.sahistory.org.za/
Embassy of South Africa The Hague: http://www.zuidafrika.nl/
195
Activity sheet
1. Read the section on Australia and one or two other countries that have a history of colonisation
(Canada, New Zealand, or South Africa).
2. Fill in the following chart below, highlighting key experiences of colonisation and the impact on
Indigenous peoples. (Use extra paper for more than one comparison)
Key questions
Australia
Other
immediate impact
of settlement on
the Indigenous
people of this
region?
2. Was trade an
important part of
early colonisation?
If so, describe the
impact of trade in
this region.
of expansion of
the colony on
Indigenous people.
Did frontier wars
or any other form
of conflict occur?
4. Were Indigenous
children separated
from their families
and communities
in this country?
196
Key questions
Australia
Other
5. Describe any
resistance
to colonial
governments from
Indigenous people.
What type of
conflict was there,
if any?
6. Describe some of
Similarities
1.
2.
3.
197
2. Think about your response to the following questions for class discussion.
What differences did you notice between what happened in different countries?
Can you explain how these differences came about? What factors contributed to these
differences?
What are the similarities?
What new information have you learned about the removal of Indigenous children from their families?
Discuss some reasons for European nations to set up colonies throughout the world. What were
the main reasons for Britain to set up a penal colony in Australia?
Were the reasons similar or different to those in New Zealand, South Africa or Canada?
Option two
1. Think about the question in light of what you have already learnt about the separation of Aboriginal
and Torres Strait Islander children from their families.
3. Write a thesis (a statement of the basic position you will take). This should be stated in the
beginning of your exposition (introduction) and restated at the end (conclusion).
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
4. Using the table below, write down three points that support your thesis and three points which
support the argument against your thesis. These will form the basis of your argument and the body
of your exposition.
Supporting evidence:
1.
2.
3.
Arguments against your thesis:
Supporting evidence:
1.
2.
3.
Conclusion or summary:
With these points, you can start writing your response to the question. Remember that you are trying
to persuade your reader.
Australian Human Rights Commission 2010 | www.humanrights.gov.au/education/bringing_them_home
199
Australia
Conflict occurred
immediately
between settlers and
Indigenous people.
immediate impact
of settlement on
the Indigenous
people of this
region?
Country two
(South Africa)
Inter-tribal wars.
Indigenous
communities were
forced to relocate.
2. Was trade an
No.
4. Were Indigenous
5. Resistance
Personal resistance
was always present
to the removal of
children.
important part of
early colonisation?
If so, describe the
impact of trade in
this region.
of expansion
of the colony
on Indigenous
people. Did
frontier wars or
any other form of
conflict occur?
children separated
from their families
and communities
in this country?
by Indigenous
peoples to
government
policies is a
common thread
in these histories.
What form did
resistance take in
the country and
what changes
were brought
about?
200
Country one
(New Zealand)
Political organisation
of Indigenous
peoples in the 20th
Century led to greater
recognition after the
1967 referendum.
Key questions
Australia
6. Assimilation
Indigenous people
moved off traditional
lands.
policies were
adopted by
some colonial
governments
to merge
Indigenous
peoples into
white society.
Describe some
of the practices
of assimilation,
such as schools
for Indigenous
children.
Indigenous children
removed to white
schools, missions
and into forced
labour, and often
forbidden to make
contact with family
or speak traditional
language.
Country one
(New Zealand)
Country two
(South Africa)
Urban relocation
program encouraged
Maori people to
move off traditional
lands and into cities
from 1960.
Similarities
1.
2.
3.
201
Level:
Introduction
In 1996, Doris Pilkington published her award-winning novel Follow the Rabbit-Proof Fence. The story
draws on the experiences of three young Indigenous women (Molly, Gracie and Daisy) who escape
a settlement school to return to their families. The account highlights many of the themes and issues
raised in Bringing them home. The book is now being used in many schools as a text for teaching
about the broader issue.
NOTE: It is highly recommended that teachers consider the sensitivities around teaching controversial
issues prior to distributing materials. Discussion around topics such as forced removals continues to
generate a high level of emotion in many communities.
Warning: These materials may contain images of deceased Aboriginal and Torres Strait
Islander persons.
Aim
The activities are intended to help develop students awareness around the issues associated with
forced removal of children through the study of text.
The activities can be photocopied for class use and used individually or as an entire resource.
Learning outcomes
Students are encouraged to identify connections between the texts and gain a stronger understanding
of the issues around forcible removals.
In these activities students will develop:
a general understanding of the Stolen Generations issue, the laws involved and general
experiences/effects encountered by Indigenous communities
reading and comprehension skills by working with different kinds of texts
skills in research and analysing information.
Activities/resources
Follow the Rabbit-Proof Fence by Pilkington, Doris
University of Queensland Press 1996 (ISBN: 0 70223281 5)
Bringing them home community guide
Resource sheets from Bringing them home
Pre-reading activity sheet
Common experiences activity sheet
Exploring the stories activity sheet
Key questions activity sheet
202
Teaching strategies
Teaching strategies
1. Pre-reading activities
These activities are designed to assist students in discovering what they already know about the
subject area. Activity 1 poses a number of questions about the Stolen Generations issue.
Students work in groups to discuss and explore the issues. Each group should then report back to the
classroom about the things they have discovered.
This pre-reading activity assists students in developing an understanding of the subject matter and the
vocabulary of the text covered in the following activities.
Students should then be directed to read Follow the Rabbit-Proof Fence by Doris Pilkington.
The Bringing them home community guide is available on the Commissions website at:
www.humanrights.gov.au/social_justice/bth_report/index.html.
2. Common experiences
Activity 2 consists of two tables one containing common experiences; another lists common effects
on Indigenous lives. For each experience and effect, students are asked to give an example from
Follow the Rabbit-Proof Fence.
Activity 2 assists students to explore some of the common experiences of members of the Stolen
Generations through their reading of Follow the Rabbit-Proof Fence.
4. Key questions
Students are given a set of key questions relating to the book and study guide. Students can either
work on these individually (reporting back to class) or in groups.
Activity 4 assists students to gain an understanding of the legal frameworks that were used to remove
children from their families.
Students should be encouraged to explore other sources for information on Indigenous history
throughout these activities.
A film study guide to Rabbit-Proof Fence is also available at:
http://www.eniar.org/news/pdfs/Rabbit-proofFence.pdf
203
1. Make a list of things you know about the history of removal of Indigenous children from their families.
...............................................................................................................................................................
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2. What information do you know about the Australian Human Rights Commission?
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4. What information do you know about the National Inquiry into the Separation of Aboriginal and
Torres Strait Islander Children from Their Families?
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5. Do some research to find out key pieces of information on the issue of Indigenous children who
were removed from their families (including who, where, when and why).
Tip: Visit some of the websites below (or use a search engine and find alternative
websites on Indigenous issues).
Bringing them home A guide to the National Inquiry
http://www.humanrights.gov.au/bth
Aboriginal and Torres Strait Islander Social Justice Section
http://www.humanrights.gov.au/social_justice/index.html
Bringing them home Oral History Project National Library of Australia
http://www.nla.gov.au/oh/bth/
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6. Make a list of five useful sources on this topic, explaining why the source is credible and useful for
students. Be prepared to justify your list to the class.
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1.
Find an example from Follow the Rabbit-Proof Fence that relates to the common experiences
mentioned in the Bringing them home report. Write this in the right-hand column.
2a. The removal of children had a wide range of effects on Indigenous people and communities. Did
the experiences of Molly, Gracie and Daisy affect their lives as children and adults? If so, how?
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2b. Give an example from Follow the Rabbit-Proof Fence that relates to each of the effects listed
below.
Loss of heritage
Forcibly removed
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1. Working in pairs, read one or more of the 17 stories available from the link above. Write down some
of the experiences described in the stories you have read below.
2. After discussing the stories you have read, select one and write the name of the person whose
story you have chosen in the first space of the third column in the table on the following page.
3. Complete the answers to the questions in the first column as they relate to Follow the Rabbit-Proof
Fence and your selected story from the Bringing them home report.
4. Report back to the class, giving a brief summary of the persons experience, and compare it with
the story of Molly, Gracie and Daisy.
Questions
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1. When were these laws or policies introduced in Western Australia? What was the main thing the law
did about Indigenous children like Molly Craig?
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2. In the timeline, find a similar law that operated in another state or territory. When was it introduced?
What did it mean for Indigenous children?
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3. The author of Follow the Rabbit-Proof Fence starts her story from when the first military post is set
up in what is now called Western Australia. What reasons do you think the author had for starting
here and not from when Molly, Gracie and Daisy were born or removed?
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4. During their journey back to Jigalong, the three main characters are pursued by a police constable
and an Indigenous tracker. How do you think the tracker might have felt about trying to find them,
especially given that he was also Indigenous?
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5. Write a summation of your overall response to your studies of Follow the Rabbit-Proof Fence and
the stories from the Bringing them home report. What have you learned that you didnt know
before? Express your views and opinions on some of the issues raised in your reading.
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Level:
Time needed: 14 lessons (can be used as a complete unit of study or separately as required
refer to individual activities)
Introduction
Plays, novels and film can be used as a starting point for students to develop an understanding of
the experiences of Indigenous children who were separated from their families. Using techniques of
performance and textual analysis develops this understanding.
These activities use Ruth Hegartys award winning memoir as a starting point for students to develop a
better understanding of the experiences of Indigenous children who were separated from their families.
Note: It is highly recommended that teachers consider the sensitivities around teaching controversial
issues prior to distributing materials. Discussion around topics such as forced removals continues to
generate a high level of emotion in many communities.
Warning: These materials may contain images of deceased Aboriginal and Torres Strait
Islander persons.
Aim
Is that you Ruthie? is Ruth Hegartys personal story, including her arrival at Cherbourg Aboriginal
Mission as a small child, her life as a dormitory girl and her experiences as a domestic sent out to work
on a station homestead. The activities in this resource are intended to assist students in reading and
responding to the text.
The activities can be photocopied for class use and used individually or as an entire resource.
Learning outcomes
Through these activities students will develop:
an understanding of the short and long-term experiences of Aboriginal and Torres Strait Islander
children who were removed from their families and institutionalised in missions and childrens
homes
skills in exploring histories and social justice through reading and discussion
skills in analysing, evaluating and responding to literature.
Activities/resources
Is that you Ruthie? by Ruth Hegarty
Queensland University Press http://www.uqp.uq.edu.au
Third Edition, 2003, ISBN: 0 7022 3415 XPredictions, reading, discussions activity sheet
Exploring the Setting timeline activity sheet
What did Ruthie experience? comparison activity sheet
Points of view creative writing activity sheet
211
During the process, students should also be given access to the following resource sheets from the
Bringing them home resources:
Personal stories resource sheet
Australia A National Overview resource sheet
The effects across generations resource sheet
What did Indigenous people experience? resource sheet
The History: Queensland resource sheet
The Laws: Queensland resource sheet
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Teaching strategies
Teaching strategies
1. Predictions, reading, discussions activity
The prediction activity is designed to introduce the text to students and identify what they already know
about the issues/ideas explored in the text. It also creates a framework for further study of the text.
1. Initially, students work on the prediction worksheet individually identifying the title, author,
publisher etc; exploring the images and illustrations included, and rating their interest in the text.
They must also list five issues they predict will be explored in the text.
2. After completing the prediction worksheet, encourage students to share their predictions with the
class. Construct a class prediction list based on the issues raised during the discussion.
(During the discussion ensure that students recognise the connections between Is that you
Ruthie? and the information they have explored in other Bringing them home activities) .
3. After students have completed the prediction worksheet, teachers should read the Introduction and
Chapter 1 Just a Little While the Move to Barambah aloud to students (or students read in
groups).
4. Follow the reading with a class discussion, focussing on the predictions identified in the pre-reading
discussion. Revisit the prediction list and identify which predictions were correct. (Some of the
predictions will appear later on in the text).
5. Students now work individually to finish reading the text. Dependent upon classroom objectives,
teachers may wish to implement appropriate strategies to assist students during this process.
6. When students have completed reading and discussing the text, they revisit their predictions
worksheets and assess which of their predictions were correct, noting down any new information
they have learnt. This also a good opportunity to answer any questions which may have arisen the
Bringing them home resource sheets provide useful reference material. The following question can
be used as a final point for discussion:
Is that you Ruthie? provides a very personal insight into the lives of Indigenous children who were
removed from their families in the 1930s and 40s. Why is Ruthies story important? What can we
learn from it?
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1. Students work in pairs to fill in the table, identifying dates, times and places directly from Is that
you Ruthie? Teachers may wish to include further discussion about the place names and traditional
language included in the text at this stage.
2. Using the Bringing them home timeline and maps as a starting point for their research, students
establish a historical framework for Ruthies story. They should include relevant events in Australia
at the time, information about the laws that were in place at the time and any other information that
they feel is relevant. The links included in the Bringing them home Timeline and maps will also be
useful, however access to the library and other references materials may also be useful.
3. After completing their research, students present their findings in a creative format. They could use
a timeline format similar to the Bringing them home timeline, or explore an alternative. A number of
suggestions have been included on the worksheet.
4. After completing their creative responses (and performances where appropriate) teachers should
engage students in a discussion to debrief. This should include clarification of the information
students have discovered during their research to ensure that they have understood the legal and
social frameworks that allowed for children like Ruthie to be treated as they were.
1. Students select one of the personal stories from the module. Teachers should ensure that students
understand that the personal stories included in the module are sourced from evidence submitted
to the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from
Their Families, and that the evidence included in these stories contributed to the findings and
recommendations included in the Bringing them home report.
2. After reading the personal story they have selected from the module, students work individually to
draw comparisons using the table provided.
3. Working as a class discuss the comparisons the students have made. Discussion questions are
provided on the worksheet.
4. During the discussion, ensure that students understand how the separation of Aboriginal and Torres
Strait Islander children from their families had long-term effects on those people who were removed,
their families and their communities.
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1. Students identify important characters in Ruthies story, noting their relationships with each other.
After identifying the characters students work together to discuss each characters perspective on
the Cherbourg Mission and policies that allowed for the removal of Indigenous children from their
families, noting their opinions on the activity sheet provided.
2. Each group should come up with an agreed statement on three of the characters that they have
identified as a group.
3. Discuss the agreed statements each group has come up with as a class, noting similarities and
differences between each groups perspectives.
4. After identifying the characters in the text, students work individually to respond to the text through
creative writing. A series of scenes from Ruthies story have been included on the activity sheet to
inspire student writing. However, teachers and students may wish to identify their own scenes from
the text to write about.
5. During the writing process teachers should encourage students to engage with others to edit and
improve their own writing.
6. Encourage students to share their work with others. Teachers may wish to work with students to
create a display, website or publication of their collected stories.
215
216
1. Examine Is that you Ruthie? by Ruth Hegarty. Dont start reading yet just look at the cover, read
the information about the author on the title page and explore the text on the cover. Check out the
images and illustrations included throughout the text.
Publication date:
No of pages:
No of chapters:
Setting:
Other details:
Note any other
information you have
discovered
2. Use the following table to write down three issues/ideas/events you expect to read about. What
predictions do you make about this book?
Predictions
1.
2.
3.
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3. After completing your predictions, read the rest of the text. While you are reading work with your
classmates to consider the following discussion questions:
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1. Refer the text to identify where and when Is that you Ruthie? is set. Write the dates, time and
places you have identified in the table below. Attach additional sheets if required.
Setting
Places:
Dates:
When did Ruthie first arrive at Cherbourg Mission?
When did Ruthie go out to work as a domestic servant?
When did Ruthie leave the mission?
Note any other dates you think are important.
Historical context
2. After identifying the important dates and places in the text, use the Bringing them home timeline
to establish what was going on in Australia at the time. Write down any important dates you have
identified below. (Also refer to the Laws: Queensland resource sheet to establish the laws that were
in place at the time that allowed for the things that happened to Ruthie and her family.)
Relevant dates in Australias history:
Historical
context
Creative response
Use the information you have discovered to present your own perspective on this history. You could
choose one of the following projects or alternatively come up with your own idea. Discuss your plan
with your classmates and teachers. Think carefully about the ideas that you wish to present. Ensure
that you use the historical facts you have discovered in the presentation.
Create a series of newspaper articles detailing what was going on at the time. Use the information
you have discovered to make your stories credible and present your stories in a newspaper format.
Create a short performance which details what was going on at the time. You could dramatise a
scene from the text, or recreate an actual event you have discovered during your research; or you
could write a song or speech about the information you have gathered.
Create your own short story about the life of an Indigenous child separated from their family. You
could write an overview of the persons life, or choose to focus on a particular event such as the
actual event of separation, or going out to work as a domestic.
Choose some scenes from the text. Create images that illustrate the scenes of events you have
chosen. You could create drawings of the setting, detailing what you think it must have been like,
or find historical photographs that illustrate the story from the library or the internet.
Australian Human Rights Commission 2010 | www.humanrights.gov.au/education/bringing_them_home
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Ruthies story
Emotional response of
the children who were
separated from their
families
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2. After you have completed the comparisons, discuss your findings with your classmates. Identify
and discuss the main similarities and differences between the stories. Here are some focus
questions to guide your discussion:
What do the stories have in common?
What are the recurring experiences expressed in each story?
How are the stories different in terms of:
the way they were removed
the processes they went through
their experiences
the extent of contact with their communities and families?
Identify and discuss the common experiences from the stories you have read.
Notes
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Character
Relationship to Ruthie
2. In Is that you Ruthie? Ruth Hegarty tells her story from her own personal perspective. Through
her we learn about what happen at the Cherbourg Aboriginal Mission and how she felt about it.
However the other people in the story also have a point of view.
a. Using the information through your reading and your character comparisons, write your own
version of one of the following events from the text. Your version should show the same event,
but with a different viewpoint. (You will need additional paper)
Use evidence from the text (shown below) to make your writing credible.
b. Share your writing with others and discuss the decisions you have made.
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Points of view:
Adopt Rubys (Ruthies mum) perspective. What was it like to be separated from your child? How
did you feel?
Adopt the Matrons perspective. Why have you decided to send Ruthie to school? Why do you
believe separating Ruthie from her mother will be good for her? For Ruby? For the community?
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Scene 2 Ruthie finds out that she will be sent out to work as a domestic:
Matron ordered, Youre to go over to the office, Ruth. Eric will take you over I was glad
the policeman taking me over to the office was my favourite uncle, Eric. We walked over
not saying much, I was hoping I wouldnt be sent away before the kids came home from
school. Please, I said to myself. Dont send me today. Mr Smith, the clerk in charge of
issuing instructions when we went to work, called me into his office and informed me that
the time had come for me to be sent out to work.
I was glad when he told me I was not to go for a couple of days. As he talked he
completed the paper work and, even before I left his office, I was given a lecture about
how to conduct myself when out working.
From Is that you Ruthie? by Ruth Hegarty. Pg. 97.
Points of view:
Adopt Uncle Erics point of view. How do you feel about seeing another member of your family
sent out to work as a domestic servant?
Adopt Mr Smiths perspective. Why have you made the decision to send Ruthie out to work? Why
do you think this will be good for Ruthie? For the community? For the government?
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Scene 3 Ruthie writes to the Superintendent asking for release from her
work contract:
About September 1944 I wrote to the Superintendent asking for a release from my
contract. After nine months Id had enough. I found a copy of my letter in my file.
Jandowae Sept 1944
Dear Sir,
Just a short note, asking you if it be possible for me to leave here. I had been here already
nine months, and my mistress has given me a bad time. She is very insulting and calls me a
lot of terrible names. Do you think it is being fair? She has been talking to the whole of
the neighbourhood, some awful lot of lies about me. She even criticises the way I walk.
Would it be any trouble at all for you to get me another job? The work here isnt at all very
hard and my mistress seems to think I dont do enough at all. She tells me Ive never been
trained at all.
I remain, yours sincerely,
Ruthie Duncan (aged 15 years)
From Is that you Ruthie? by Ruth Hegarty. Pg. 110
Points of view:
Adopt the Superintendents point of view. How do you feel about the letter? Justify your decision
to require that Ruthie remain at Jandowae.
Adopt the Mistress point of view. How do you feel about Ruthie? Justify the way you treat her.
Notes
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Stolen
13.
A play by Jane Harrison
Subjects:
Level:
Introduction
Plays, novels and film can be used as a starting point for students to develop an understanding of
the experiences of Indigenous children who were separated from their families. Using techniques of
performance and textual analysis develops this understanding.
Stolen by Jane Harrison was first produced by Ilbijerri Aboriginal and Torres Strait Islander Theatre Cooperative and Playbox Theatre Centre, in association with the Melbourne Festival (21 October 1998).
Note: It is highly recommended that teachers consider the sensitivities around teaching
controversial issues prior to distributing materials. Discussion around topics such as
forced removals continues to generate a high level of emotion in many communities.
Warning: These materials may contain images of deceased Aboriginal and Torres Strait Islander persons.
Aim
The Australian Human Rights Commission has developed this set of activities focusing on Stolen to
provide teachers with an additional approach for exploring the separation of Aboriginal and Torres
Strait Islander children from their families from a more personal perspective. These activities use
performance techniques and textual analysis to assist students to explore the text and can be used in
the classroom, or as part of the rehearsal process for actual performance.
The activities can be photocopied for class use and used individually or as an entire resource.
Learning outcomes
Students will develop:
an understanding of the short-term and long-term experiences of Aboriginal and Torres Strait
Islander children who have been separated from their families
skills in exploring histories and social justice through performance and discussion
an understanding of theatre as a tool for communicating and discussing social issues
skills in analysing and using dramatic texts.
Activities/resources
Stolen, Jane Harrison
Publisher: Currency Press
ISBN: 0868196800
Making the Connections activity sheet
Character Profiles activity sheet
Scene Analysis activity sheets (15)
Key Questions activity sheet
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The following resources from Bringing them home are also required to complete the activities.
Australia A National Overview resource sheet
The effects across generations resource sheet
What did Indigenous peoples experience? resource sheet
Personal stories resource sheet
The Laws resource sheets
Please note: page references in the activity sheets may differ across editions of Stolen.
226
Teaching strategies
Teaching strategies
1. Stolen pre-reading questions
Note: These pre-reading questions consolidate issues explored in other sections of the
Bringing them home education resources and are a useful starting point if the Stolen
activities are being taught on their own. Teachers should move on to the next step if
these have already been discussed as part of the activities in previous sections.
Before commencing reading, the class should be directed to discuss what they already know about
The National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their
Families.
A set of questions is included below to aid in the discussion:
Over what period of time were children separated from their families?
Where were the Indigenous children taken?
What happened to them once they were taken to those places?
Were they ever allowed to go back to their parents or family?
What kinds of experiences, both positive and negative, do you think Indigenous people involved
in this history had?
What did the Inquiry say about what has happened to the children who were taken away?
Have governments taken notice of the recommendations made by the national Inquiry?
What do you think would happen today if Indigenous children were taken from their families?
The aim of this discussion is to establish what students already know about the separation of
Indigenous children from their families.
This is also an excellent opportunity to introduce some of the vocabulary of the issue. The Bringing
them home Glossary provides useful information.
227
4. Class discussion
This discussion should consolidate the questions in the previous activities, and the connections
between the play and Bringing them home resources. Students should be encouraged to identify the
issues (what happened, how it affected people, etc) and cite examples from the play.
Focus questions:
What new information have you learned about the separation of Indigenous children from their
families?
How does the play pick up on some of the issues raised in the Bringing them home material?
How are some of the experiences and effects brought out in the characters and plot?
What further information do you feel you need to know?
By this stage, students should have a firm enough understanding of the issues raised in both sets of
material to then engage in a more detailed performance-based and textual analysis of the play.
5. Character profiles
Students should now be able to prepare character profiles using the information they have learned
so far and the worksheet provided, which provides a series of questions that guide the students
response. Teachers should not feel limited to these questions. This exercise can be done individually or
in pairs.
Students should then choose one character profile to develop as a piece of prose writing, using
the Personal stories resource as a guide. Teachers should encourage students to be creative when
imagining the gaps in each story.
Students may wish to refer to The Laws resource sheets of a particular state or territory relating to the
separation of Indigenous children from their families to guide the development of their writing.
The aim of these exercises is two-fold:
to understand how characters are developed within a narrative
to further penetrate the issue through a characters development.
By this stage, students should have some understanding of:
a character
characterisation in dramatic texts
how these social justice issues are brought out through characters.
6. Scene analysis
Students perform prepared excerpts from the play for presentation to the class as a whole. The aim
of this exercise is for students to explore the issue through dramatic engagement with the play as
both performers and audience. Teachers should be less concerned with accurate representations of
characters and plot.
Five sets of scenes have been prepared for students to work on in groups of six. (Each set varies in
terms of the number of characters). The activity sheets contain a list of characters, background to the
scenes and a set of discussion/focus questions for students to use in preparing their scenes.
The groups should be given a copy of the activity sheet and directed to re-read the relevant extracts.
228
Reading
Students should be directed to read the extracts in groups. Some background information is provided,
which indicate how the scenes work within the rest of the play. While reading, students should be
asked to consider:
how the extracts may be performed
how the extracts are relevant to Bringing them home
what key issues the extracts identify or deal with.
Discussing
Students are then asked to discuss the extracts with a focus on how they can be used to express
some of the issues raised in Bringing them home. They are also asked to consider characterisation and
staging. A set of discussion questions is provided.
Developing
This is the rehearsal stage. Students decide on roles, run through the script orally, and apply some of
the ideas generated from the discussion. They should run through it a few times. Students are also
asked to think about reasons for making decisions about staging, characterisation etc.
Performing
Groups then present their scenes to the class as a whole. After their performance, they should have
an opportunity to explain why they made certain choices in developing their performance and what
elements of the issue they thought were strongest in the scenes. Dialogue between the group and the
rest of the class should be encouraged.
7. Class discussion
It is important that students are able to discuss the themes raised throughout these activities as a
class. Four important themes are:
Ideas about home
What meanings of home were discussed in the play?
What different experiences of home might other Indigenous children who were separated have?
Ideas about time
How does time pass in the play?
How do the different understandings of time presented in the play and evident in the experiences
of those separated differ from the accepted notion of time as past, present and future?
What different ideas of time might people who were separated have?
Bringing them home
What new information have you learned about the separation of Indigenous children from their
families?
How did the play increase your understanding of the issue?
Theatre and social justice
How can theatre be used for dealing with issues of social justice?
Is there a place for human rights in theatre and performance?
229
8. Key questions
By this stage, students should have a fairly comfortable knowledge on the issue, its presentation in the
play and its relationship to Bringing them home.
Working individually, students answer Key questions activity sheet. The aim of these questions is to
consolidate knowledge gained during study of the play.
Additional exercises
The following extension activities could also be used, dependent upon resources available and
classroom objectives:
After a group has presented their scenes, allow class discussion based on the provided
discussion questions for those scenes. Did the class agree with the decisions made by the group,
and were the groups opinions presented clearly?
Allow the group to be guided by observations made by the class overall. The group may then rerehearse the scenes to see if the discussed issues can be made clearer, or if a different approach/
emphasis can be put forward in the scenes presentation.
After a group has presented their scenes, allow class discussion based on the discussion
questions provided. For each main character, how were they hindered/assisted in reaching their
goals in these scenes?
After discussion, allow the group to re-write the scenes so the characters experience their most
desired outcome in the situation.
Allow students to do some background reading on the original production/workshops of Stolen.
How do reviews of the production compare to students impressions of the text?
Produce the full text of Stolen with your class. Involve the Indigenous community in the project as
much as possible eg. invite Indigenous representatives to speak to the class/school about their
experiences of separation.
230
13. Stolen
The Bringing them home Report and Stolen are texts that differ stylistically one being the report of a
formal inquiry process, the other a play for performance. Even so, they are both texts that concern the
history of removing Aboriginal and Torres Strait Islander children from their families. The Inquiry found
that many people had shared or common experiences, and that the long-term effects of the removals
were also often similar.
Character
Conditions in the
institutions were very harsh
Excessive physical
punishments
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Example in Stolen
Loss of heritage
Racism
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13. Stolen
Select a character from Stolen and answer the questions below:
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Relationships
How does this character relate to each of the other characters?
Which character do you suppose they would have the strongest connection with? Why?
Do the characters have the same level of support?
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The Welfare
What relationship do they have or have they had with the Welfare?
Do they have any interaction with the Welfare during the play?
What relationships do they have with non-Indigenous people in the play?
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235
Activity sheet
1. Reading
Read the following scenes. The background gives you some information about how these scenes work
within the rest of the play.
Scenes
Am I Black or White? pages 2829
Annes Scene page 34
Background
Anne was adopted at a very young age and she finally meets her real mother in the first scene. Her
ideas about what her real family would be like were different to the reality. She feels torn between the
two families that she is connected to. Her Indigenous and non-Indigenous connections both want her
to feel like she belongs to them.
In the second scene, Anne talks directly to the audience. She tells us about how she feels a connection
to both of the different cultures. A big part of her dilemma is that she doesnt know where she fits in.
Anne says: I dont know where I belong anymore
Characters
Anne, Father, Mother, First Black Voice, Second Black Voice, Third Black Voice, White Voices (7)
Anne
2. Discussing
In your groups, start discussing how you might perform these scenes. Consider the following
production elements:
Characterisation
Staging (How would you use lighting? What props do you need?)
Performance (What actions will reveal something about the issue?)
Tone of voice
Here are some discussion questions to guide you.
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Scene 1
What were Annes expectations of her Indigenous family?
What effect does the sheet showing silhouettes of her families produce?
What do Annes non-Indigenous parents want from her?
What do Annes Indigenous parents want from her?
Is Anne able to resolve these different demands?
Scene 2
Anne tells us how she is finding it difficult to resolve the two sets of expectations from the different
cultural groups. What does she say that they want?
Anne says that she doesnt know what she wants or where she belongs anymore.
What has been the impact of finding out about her Indigenous heritage from her adoptive
parents?
What has happened to Annes sense of identity?
What does the imagery of giving different chocolates (dark and milk) for Mothers Day suggest?
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3. Developing
Now you can develop some of the ideas that came out of your discussion and see how they will work
in performance. Your group will present these scenes to the class, so the next stage is rehearsal.
Amongst yourselves, decide who will play which part. If there are more people in your group than
characters, you may want to rehearse it a couple of times with different people playing different
characters. Alternatively, you may be able to think of other ways to incorporate the extra people
into the scenes.
Run through the script once by just reading lines.
Start preparing the scenes as they will be performed. Use your discussion time to make decisions
about movement, props etc.
Obviously, you will not be introducing lighting or sound into your performance, but it is a good
idea to think about how you would use these if you could.
4. Performing
Each group will present their scenes to the class.
Each performance will be followed by a discussion of the performance and what elements of the issue
were brought out. Feedback on further work and development can also be provided.
237
Activity sheet
1. Reading
Read the following scenes. The background gives you some information about how these scenes work
within the rest of the play.
Scenes
Your Mums Dead pages 1113
Jimmys Story pages 2628
Background
In both these scenes Jimmy appears on stage with a voice-over of his mothers letters being read.
They are obviously not read in his world. We learn that Jimmy is told by the authorities that his mother
is dead, and about Jimmys feelings of loneliness and dejection.
In the second scene, Jimmy is leaving a prison cell. It opens with a voice-over of another letter from his
mother, this time written to the authorities. It gives more background about his mother and what has
been happening in his parents lives.
Jimmy goes to a pub where he is recognised as being the son of Nancy Wajurri. He realises what he
has felt for a long time that his mother is actually alive. We get some history about what happened to
Jimmy when he was removed.
Characters
Jimmy, Matron, Jimmys Mother (3)
Jimmy, Jimmys Mother, Man, Sis One, Sis Two (5)
2. Discussing
In your groups, start discussing how you might perform these scenes. Consider the following
production elements:
Characterisation
Staging (How would you use lighting? What props do you need?)
Performance (What actions will reveal something about the issue?)
Tone of voice
Here are some discussion questions to guide you.
Scene 1
What are some of the effects of having voice-overs for both the Matron and Mother?
Compare the tones of the Matron and Mother.
What effect do you think is the Mothers appearance on stage meant to have on the audience?
What emotions/moods are being suggested to the audience by:
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The voice-overs
The mother standing off-stage
The letters being projected over Jimmys face.
What is happening while the letter is being read out? What do you think is the plays intention here?
Can you think of any similarities between this first scene and the stories you read from the Inquiry?
What do you make of Jimmys speech on pages 1213?
Scene 2
Compare the letter in this scene to the previous one. What do you think the mother is trying to say?
Why was Jimmy put in prison (this is revealed earlier in the play)? How would the audience know
this scene opened in a prison setting?
Why do you think Jimmy responds to the people in the bar with an angry or serious tone?
Its been a long time since Ive seen my people. What did the Inquiry have to say about
Indigenous children being removed from their culture and people?
Why do you think Harrison leaves it to this later scene to tell the audience what happened to Jimmy?
What feelings and thoughts would be going through Jimmys mind after he learns his mother is
still alive?
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3. Developing
Now you can develop some of the ideas that came out of your discussion and see how they will work
in performance. Your group will present these scenes to the class, so the next stage is rehearsal.
Amongst yourselves, decide who will play which part. If there are more people in your group than
characters, you may want to rehearse it a couple of times with different people playing different
characters. Alternatively, you may be able to think of other ways to incorporate the extra people
into the scenes.
Run through the script once by just reading lines.
Start preparing the scenes as they will be performed. Use your discussion time to make decisions
about movement, props etc.
Obviously, you will not be introducing lighting or sound into your performance, but it is a good
idea to think about how you would use these if you could.
4. Performing
Each group will present their scenes to the class.
Each performance will be followed by a discussion of the performance and what elements of the issue
were brought out. Feedback on further work and development can also be provided.
239
Activity sheet
1. Reading
Read the following scenes. The background gives you some information about how these scenes work
within the rest of the play.
Scenes
Cleaning Routine 2 pages 1719
Rubys Descent into Madness pages 2425
Background
Ruby, who has been abused, is the main character in these scenes. She is described by the playwright
as A very young child who feels abandoned. A used and abused young woman. A crazy beyond
reach.
In the first scene, she asks sarcastically what the children think they are going to be when they grow
up. Each career option, from nursing to farming, is rejected by an anonymous Authority Figure. Finally,
the domestic servant option is accepted. The children then dance and sing to the tune of Were happy
little Vegemites! The words they sing reflect the lack of options available to them.
The second scene shows Ruby being pushed around by many different authority figures. She is
abused by people who have power over her life.
Characters
All the children and an authority figure (6)
Ruby, authority figures, lady, teenager, others (students can play several roles in this scene).
2. Discussing
In your groups, start discussing how you might perform these scenes. Consider the following
production elements:
Characterisation
Staging (How would you use lighting? What props do you need?)
Performance (What actions will reveal something about the issue?)
Tone of voice
Here are some discussion questions to guide you.
Scene 1
Why are the children not able to pursue careers other than being a domestic servant?
Who do you think the Authority Figure could be?
The children sing together a different set of lyrics to the familiar tune of Were happy little
Vegemites!
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What effect does setting different words to this iconic tune produce?
What impact does this parody have?
What does this scene suggest about the education that children who are removed from their
families receive?
What are the conditions under which they are forced to perform menial labour?
Scene 2
Ruby gets abused in this scene by many people. What sorts of abuse does she suffer?
Who are the different people who abuse her?
How does she respond to the stream of abuse?
What is the tone of this scene?
Can you think of parallels between Rubys story and other stories of childrens experiences told to
the Inquiry?
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3. Developing
Now you can develop some of the ideas that came out of your discussion and see how they will work
in performance. Your group will present these scenes to the class, so the next stage is rehearsal.
Amongst yourselves, decide who will play which part. If there are more people in your group than
characters, you may want to rehearse it a couple of times with different people playing different
characters. Alternatively, you may be able to think of other ways to incorporate the extra people
into the scenes.
Run through the script once by just reading lines.
Start preparing the scenes as they will be performed. Use your discussion time to make decisions
about movement, props etc.
Obviously, you will not be introducing lighting or sound into your performance, but it is a good
idea to think about how you would use these if you could.
4. Performing
Each group will present their scenes to the class.
Each performance will be followed by a discussion of the performance and what elements of the
issue were brought out. Feedback on further work and development can also be provided.
241
Activity sheet
1. Reading
Read the following scenes. The background gives you some information about how these scenes work
within the rest of the play.
Scenes
Line-Up 1 pages 56
Line-Up 2 page 13
Line-Up Age Twelve page 17
Line-Up 3 page 20
Background
The Line-Up scenes bring all of the characters together on the stage. These scenes show the
common experiences of the children and also how they are affected in different ways. By bringing the
characters together, the audience learns about the range of impacts that being stolen has had on the
individuals.
Line-Up 1 shows the children arranging themselves by skin colour from lightest to darkest. Line-Up 2
involves the children being evaluated one by one. Jimmy sells himself by saying Im a real good boy!
The issue of being chosen for domestic service is shown in Line-up Age Twelve. It portrays Ruby
being selected for domestic service.
Line-Up 3 shows the children lining up to be chosen for a weekend away with a white family.
Characters
Jimmy, Sandy, Ruby, Shirley, Anne in each scene
2. Discussing
In your groups, start discussing how you might perform these scenes. Consider the following
production elements:
Characterisation
Staging (How would you use lighting? What props do you need?)
Performance (What actions will reveal something about the issue?)
Tone of voice
Here are some discussion questions to guide you.
What does the first line-up scene say about the way Indigenous people were labeled by
government authorities and other officials?
What does the scene showing Ruby being selected for domestic service suggest about the rights
of children who were put into domestic service?
242
What are the different emotional responses of the children to the experience of being judged by
officials?
What is the common experience that each of the children go through in the line-up scenes?
Are some children affected emotionally more or less by each line-up?
What is the range of responses from the children?
What government policies are referred to in the different line-up scenes?
Can you think of any similarities between these scenes and the stories about being taken away in
the Inquiry?
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3. Developing
Now you can develop some of the ideas that came out of your discussion and see how they will work
in performance. Your group will present these scenes to the class, so the next stage is rehearsal.
Amongst yourselves, decide who will play which part. If there are more people in your group than
characters, you may want to rehearse it a couple of times with different people playing different
characters. Alternatively, you may be able to think of other ways to incorporate the extra people
into the scenes.
Run through the script once by just reading lines.
Start preparing the scenes as they will be performed. Use your discussion time to make decisions
about movement, props etc.
Obviously, you will not be introducing lighting or sound into your performance, but it is a good
idea to think about how you would use these if you could.
4. Performing
Each group will present their scenes to the class.
Each performance will be followed by a discussion of the performance and what elements of the issue
were brought out. Feedback on further work and development can also be provided.
243
Activity sheet
1. Reading
Read the following scenes. The background gives you some information about how these scenes work
within the rest of the play.
Unspoken Abuse 1 page 8
Unspoken Abuse 2 page 15
Unspoken Abuse 3 page 23
Background
There are three of these scenes through the play. Each of them connects with the scenes called LineUp. Basically, in the Line-Up scenes, the children form a line and one is selected to be taken to a nonIndigenous home for a weekend visit.
In these scenes, the child returns. Ruby returns in Unspoken Abuse 1 and Unspoken Abuse 2.
Jimmy returns in the third scene.
Characters
Jimmy, Ruby, Anne, Sandy, children (5 upwards)
Jimmy, Ruby, Anne, Shirley, children (5 upwards)
Jimmy, Ruby, Shirley, children (4 upwards)
2. Discussing
In your groups, start discussing how you might perform these scenes. Consider the following
production elements:
Characterisation
Staging (How would you use lighting? What props do you need?)
Performance (What actions will reveal something about the issue?)
Tone of voice.
Here are some discussion questions to guide you.
Why are these scenes called Unspoken Abuse?
What is the purpose of these scenes and how do they relate to the Line-Up scenes?
What do these scenes have in common? What are their differences?
What difference do you notice between the childrens responses and answers in each scene?
Why do you think the children are chanting?
Why do they stop chanting?
What is the effect of not saying what happened to Ruby and Jimmy?
What do you make of Jimmys response, Oh Ruby!, in the first two scenes?
What emotions or feelings do each of the scenes evoke?
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What staging techniques (for example, lighting) would you use to change the scenes? Why would
you do this?
Write down some action words found in the scenes that express how Ruby and Jimmy feel.
Drawing on what you know about the removal of Indigenous children, think of some more action
words. Ask yourself: How would Ruby and Jimmy express their feelings physically?
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3. Developing
Now you can develop some of the ideas that came out of your discussion and see how they will work
in performance. Your group will present these scenes to the class, so the next stage is rehearsal.
Amongst yourselves, decide who will play which part. If there are more people in your group than
characters, you may want to rehearse it a couple of times with different people playing different
characters. Alternatively, you may be able to think of other ways to incorporate the extra people
into the scenes.
Run through the script once by just reading lines.
Start preparing the scenes as they will be performed. Use your discussion time to make decisions
about movement, props etc.
Obviously, you will not be introducing lighting or sound into your performance, but it is a good
idea to think about how you would use these if you could.
4. Performing
Each group will present their scenes to the class.
Each performance will be followed by a discussion of the performance and what elements of the issue
were brought out. Feedback on further work and development can also be provided.
245
13. Stolen
1. Who is The Welfare? Which characters and voices represent The Welfare in the play?
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2. Even though The Welfare plays an important role in the play, this is generally one of physical
absence from the stage. What other images are used to represent The Welfare in the play?
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3. How do you think the representation of The Welfare matches up with the stories from the Inquiry?
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4. In the Unspoken Abuses scenes, the children ask questions through a chant or song. Who do you
think they are addressing? What are the effects of revealing the information in this way?
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5. What do you think home means for the characters? What different ideas of home does the play
present?
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6. What comments could you make about how time passes in the play? Does it seem to follow a
straight line?
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7. Reread the set description before the opening. Given what you know now, why do you think they
went with this set?
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8. What point is Sandy making about the can of peas on pages 19 and 20?
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